Clark Elmore v. Stephen Sinclair

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLARK ELMORE, No. 12-99003 Petitioner-Appellant, D.C. No. v. 2:08-cv-0053-RBL

STEPHEN SINCLAIR,

Respondent-Appellee. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted November 20, 2014—Portland, Oregon

Filed April 1, 2015 Amended September 3, 2015

Before: Richard R. Clifton, Milan D. Smith, Jr., and Andrew D. Hurwitz, Circuit Judges.

Order; Opinion by Judge Milan D. Smith, Jr.; Concurrence by Judge Hurwitz SUMMARY*

Habeas Corpus / Death Penalty

The panel denied a petition for panel rehearing, denied on behalf of the court a petition for rehearing en banc, and replaced an April 1, 2015, opinion and concurring opinion with an amended opinion and concurring opinion, in a case in which the panel affirmed the district court’s denial of Clark Elmore’s habeas corpus petition challenging his conviction and death sentence for the rape and murder of his stepdaughter.

The panel held that the Washington…