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PAVATT v. CARPENTER

No. 14-6117.

904 F.3d 1195 (2018)

James Dwight PAVATT, Petitioner-Appellant, v. Mike CARPENTER, Interim Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed October 2, 2018.

Attorney(s) appearing for the Case

Patti Palmer Ghezzi , Office of the Federal Public Defender, Western District of Oklahoma, Sarah M. Jernigan , Office of the Federal Public Defender, Capital Habeas Unit, Oklahoma City, OK, for Petitioner-Appellant.

Jennifer L. Crabb , Caroline E.J. Hunt , Jennifer B. Miller , Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.

Before TYMKOVICH, Chief Judge, BRISCOE, LUCERO, HARTZ, HOLMES, MATHESON, BACHARACH, PHILLIPS, McHUGH, MORITZ, EID and CARSON, Circuit Judges.

ORDER

This matter is before the court on the appellee's Petition for Panel Rehearing or Rehearing En Banc and the Supplemental Petition for Rehearing En Banc filed on July 25, 2018. We also have responses to both petitions from the appellant.

Upon consideration, and as the parties were advised previously, a poll was called and the poll carried. Consequently, the request for en banc rehearing is GRANTED. See Fed. R. App. P. 35(a);

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