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JONES v. SHINN

No. 18-99006.

971 F.3d 1133 (2020)

Barry Lee JONES, Petitioner-Appellee, v. David SHINN, Director, Arizona Department of Corrections; Stephen Morris, Warden, Arizona State Prison-Eyman Complex, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2020.

Attorney(s) appearing for the Case

Myles A. Braccio (argued), Assistant Attorney General; Lacey Stover Gard , Chief Counsel; Mark Brnovich , Attorney General; Capital Litigation Section, Office of the Attorney General, Tucson, Arizona; for Respondents-Appellants.

Cary Sandman (argued) and Karen Smith , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Tucson, Arizona; for Petitioner-Appellee.

Ken Paxton , Attorney General; Jeffrey C. Mateer , First Assistant Attorney General; Kyle D. Hawkins , Solicitor General; Matthew H. Frederick , Deputy Solicitor General; Jason R. LaFond , Assistant Solicitor General; Office of the Attorney General, Austin, Texas; for Amicus Curiae State of Texas.

Dissent by Judge Collins

ORDER

The panel has unanimously voted to deny Respondent-Appellant's petition for rehearing. Judge Rawlinson and Judge Watford have voted to deny the petition for rehearing en banc, and Judge Clifton so recommends.

The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc consideration...

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