Nathaniel P. Garrett , Jones Day, San Francisco, California; David M. Porter , Co-Chair, NACDL Amicus Committee, Sacramento, California; for Amicus Curiae National Association of Criminal Defense Lawyers.
Jason Anderson , District Attorney; Robert Brown , Chief Deputy District Attorney; Sean Daugherty , Supervising District Attorney; Mark Vos , Deputy District Attorney; San Bernardino County District Attorney's Office, San Bernardino, California; for Amicus Curiae San Bernardino County District Attorney.
Dissent by Judge Callahan
ORDER
Ezzard Ellis appeals from the district court's denial of his petition for a writ of habeas corpus. On appeal, the State of California initially defended the district court's judgment, and a three-judge panel of our court affirmed. Ellis v. Harrison,891 F.3d 1160, 1166 (9th Cir. 2018) (per curiam), reh'g en banc granted,914 F.3d 1188
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