William KIRKPATRICK, Jr., 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 February 17, 2017 Pasadena, California.
Original Opinion Filed October 10, 2017.
Panel Rehearing Granted July 18, 2018.
Re-argued and Submitted December 10, 2018 San Francisco, California.
Original Opinion Withdrawn June 13, 2019.
Filed June 13, 2019.
Amended February 13, 2020.
Attorney(s) appearing for the Case
Patricia Ann Young (argued) and Mark R. Drozdowski , Deputy Federal Public Defenders; Amy M. Karlin , Interim Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.
Before: Kim McLane Wardlaw, Carlos T. Bea, and Morgan Christen, Circuit Judges.
ORDER
The opinion, filed on June 13, 2019, reported at 926 F.3d 1157, is amended as follows:
On page 21 of the slip opinion, delete <This means that after excluding the aggravating facts that were considered in error, if the other aggravating circumstances outweigh the mitigating circumstances, the jury would still be required to sentence Kirkpatrick to death.>
On page 22 of the slip opinion, replace <In light of the substantial aggravating...
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