MAY v. SHINN

Nos. 17-15603, 17-15704.

37 F.4th 552 (2022)

Stephen Edward MAY, Petitioner-Appellee Cross-Appellant, v. David SHINN, Director; Mark Brnovich, Attorney General, Respondents-Appellants Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2022.


Attorney(s) appearing for the Case

Robert A. Walsh (argued), Assistant Attorney General, Criminal Appeals Section; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellants/Cross-Appellees.

Erica T. Dubno (argued), Fahringer & Dubno Herald Price Fahringer PLLC, New York, New York; Robert J. McWhirter , Law Offices of Robert J. McWhirter, Phoenix, Arizona; Michael D. Kimerer , Kimerer & Derrick P.C., Phoenix, Arizona; for Petitioner-Appellee/Cross-Appellant.

Mikel Patrick Steinfeld , Phoenix, Arizona, for Amicus Curiae Arizona Attorneys for Criminal Justice.

J. Thomas Sullivan , Little Rock, Arkansas, for Amicus Curiae National Association for Rational Sex Offense Laws.

Concurrence by Judge Block.


ORDER

May's motion to recall the mandate (Dkt. No. 135) is DENIED. "[M]otions that assert a judgment is void because of a jurisdictional defect generally" must show that "the court that rendered judgment lacked even an `arguable basis' for jurisdiction." United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 271, 130 S.Ct. 1367, 176 L.Ed.2d 158 (2010) (citations omitted). May...

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