CLABOURNE v. RYAN

No. 09-99022.

868 F.3d 753 (2017)

Scott D. CLABOURNE, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2017.


Attorney(s) appearing for the Case

S. Jonathan Young , Williamson & Young PC, Tucson, Arizona, for Petitioner-Appellant.

Jeffrey A. Zick (argued), Jacinda A. Lanum , and Amy Pignatella Cain , Assistant Attorneys General; Lacey Stover Gard and Kent Cattani , Capital Litigation Section Chief Counsel; Mark Brnovich , Attorney General; Office of the Attorney General, Tucson, Arizona; for Respondent-Appellee.

Dissent by Judge Berzon.


ORDER

Judges Clifton and Ikuta have voted to deny the petition for panel rehearing. Judge Berzon has voted to grant the petition for panel rehearing.

Judge Ikuta has voted to deny the petition for rehearing en banc, and Judge Clifton so recommends. Judge Berzon has voted to grant the petition for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc, and no judge has requested a vote on whether to rehear the matter...

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