Zane FLOYD, Petitioner-Appellant,
v.
Timothy FILSON; Adam Paul Laxalt, Attorney General, Respondents-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted January 31, 2019 San Francisco, California.
Filed October 11, 2019.
Amended February 3, 2020.
Attorney(s) appearing for the Case
Brad D. Levenson (argued) and David Anthony , Assistant Federal Public Defenders; Rene Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Petitioner-Appellant.
Jeffrey M. Conner (argued), Deputy Assistant Attorney General; Heidi Parry Stern , Chief Deputy Attorney General; Adam Paul Laxalt , Attorney General; Office of the Attorney General, Las Vegas, Nevada; for Respondents-Appellees.
H. Louis Sirkin , Santen & Hughes, Cincinnati, Ohio, for Amicus Curiae National Association for Public Defense.
Thomas C. Sand and Nicholas H. Pyle , Miller Nash Graham & Dunn LLP, Portland, Oregon, for Amicus Curiae The National Organization on Fetal Alcohol Syndrome.
Elizabeth Ballart and William Leiner , Disability Rights California, Oakland, California, for Amici Curiae Disability Law Center of Alaska, Disability Rights California, National Disability Rights Network, and Nevada Disability Advocacy & Law Center.
John L. Krieger , Dickinson Wright PLLC, Las Vegas, Nevada; Justin J. Bustos , Dickinson Wright PLLC, Reno, Nevada; for Amici Curiae Canadian Criminal Justice Professors, Litigators, and Expert Witnesses.
Lisa Rasmussen , Law Office of Lisa Rasmussen, Las Vegas, Nevada, for Amici Curiae The Directors of the Three Research Centers of Birmingham City University's School of Law.
Before: Marsha S. Berzon, John B. Owens, and Michelle T. Friedland, Circuit Judges.
ORDER
The opinion filed on October 11, 2019, reported at 940 F.3d 1082, is amended as follows.
On page 1091 of the opinion, following <whether Floyd can overcome his procedural default and obtain federal review of the merits of his ineffective assistance claims.>, insert the footnote <The arguments in Floyd's opening and reply briefs regarding section 34.726 of the Nevada Revised Statutes address...
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