Chad Lee v. Ryan Thornell

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT SEP 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

CHAD ALAN LEE, No. 09-99002

Petitioner-Appellant, D.C. No. 2:01-CV-02178-EHC District of Arizona, v. Phoenix

RYAN THORNELL, ORDER

Respondent-Appellee.

Before: CALLAHAN, NGUYEN, and BRESS, Circuit Judges.

The opinion filed on June 11, 2024, and appearing at 104 F.4th 120 is

amended as follows. At Slip Op. page 33, line 18 [104 F.4th at 138], remove “see

also Jones, 2024 WL 2751215, at *9 (noting that the Arizona Supreme Court has

apparently never ‘vacated the judgment of death in a case involving multiple

murders—let alone a case involving all of the aggravating circumstances present

here’).”

With this amendment, the panel unanimously voted to deny the petition for

panel rehearing and rehearing en banc. The full court has been advised of the

petition for rehearing en banc, and no judge has requested a vote on whether to rehear

the matter en banc. Fed. R. App. P. 35. The petition for…