Joshua James FROST, Petitioner-Appellant,
v.
Margaret GILBERT, Superintendent, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted En Banc June 26, 2013 Seattle, Washington.
Filed March 21, 2016.
Amended August 29, 2016.
Attorney(s) appearing for the Case
Erik B. Levin (argued), Law Office of Erik Levin, Berkeley, California, for Petitioner-Appellant.
John Joseph Samson (argued), Assistant Attorney General, Corrections Division; Robert W. Ferguson , Attorney General, Olympia, Washington, for Respondent-Appellee.
David M. Porter , Co-Chair, NACDL Amicus Committee, Sacramento, California; Jon M. Sands , Federal Public Defender and Keith J. Hilzendeger , Assistant Federal Public Defender, Phoenix, Arizona, for Amici Curiae Ninth Circuit Federal Public and Community Defenders and National Association of Criminal Defense Lawyers.
James M. Whisman , Senior Deputy Prosecuting Attorney; Daniel T. Satterberg , King County Prosecuting Attorney; Seattle, Washington; as and for Amicus Curiae King County Prosecuting Attorney.
Steven W. Fogg , Corr Cronin Michelson Baumgardner Fogg & Moore LLP, Seattle, Washington, for Amicus Curiae Zachary C. Wagnild.
Before: Sidney R. Thomas, Chief Judge, and Stephen Reinhardt, Alex Kozinski, Kim McLane Wardlaw, Richard A. Paez, Richard C. Tallman, Johnnie B. Rawlinson, Jay S. Bybee, Consuelo M. Callahan, Milan D. Smith, Jr. and Jacqueline H. Nguyen, Circuit Judges.
ORDER
In light of the Washington State Bar Association Office of Disciplinary Counsel's dismissal of the grievance against Zachary C. Wagnild, ODC File No. 16-00470, the previous majority opinion and dissent filed March 21, 2016, and reported at 818 F.3d 469, are WITHDRAWN and REPLACED by the attached unanimous amended opinion. The petition for rehearing...
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