Earp

ORDER AMENDING OPINION AND DENYING PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC AND AMENDED OPINION.

ORDER

The opinion filed September 8, 2005, slip opinion at 12700 and published at 423 F.3d 1024 (9th Cir.2005), is amended by the opinion filed concurrently with this order. With these amendments, the panel has voted to deny the petition for rehearing and the petition for rehearing en banc filed by the Appellant and the petition for rehearing and the petition for rehearing en banc filed by the Appellee.

The full court has been advised of the petitions for rehearing en banc filed by the Appellant and the Appellee and no judge of the court has requested a vote on either.

The Appellant’s petition for rehearing and petition for rehearing en banc is DENIED and the Appellee’s petition for rehearing and petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

Ricky Lee Earp is on death row in San Quentin, California, after being convicted in Los Angeles County of the 1988 rape and murder of eighteen-month-old Amanda Doshier. The jury convicted Earp of first-degree murder and found three death-qualifying…