Francis G. HERNANDEZ, Petitioner-Appellant,
v.
Kevin CHAPPELL, Warden, California State Prison At San Quentin, Respondent-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 24, 2018 Pasadena, California.
Filed January 14, 2019.
Amended May 3, 2019.
Attorney(s) appearing for the Case
Tracy Casadio (argued) and Margo A. Rocconi , Deputy Federal Public Defenders; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.
Before: Kim McLane Wardlaw, Milan D. Smith, Jr., and Jacqueline H. Nguyen, Circuit Judges.
ORDER
The opinion filed on January 14, 2019, is amended as follows: on slip opinion page 13, delete the following text: A defendant faces a higher burden of showing prejudice at the guilt phase than at the penalty phase. See Raley v. Ylst,470 F.3d 792, 802 (9th Cir. 2006) ("The bar for establishing prejudice is set lower in death penalty sentencing cases than in guilt-phase challenges and noncapital cases.").
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