Roy v. Lampert

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING/REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion filed on July 12, 2006, slip opinion at 7625 and published at 455 F.3d 945 (9th Cir.2006) is amended as follows:

Page 7641 of the slip opinion, last words: replace “[other things]” with “[circumstances other than petitioner’s lack of diligence]”

Page 7643 of the slip opinion, last two sentences of the first full paragraph:

With these amendments, the members of the panel that decided this case voted unanimously to deny the petition for rehearing. Judge O’Scannlain voted to deny the petition for rehearing en banc. Judges Browning and Nelson recommended denial of the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc.

The petition for rehearing and the petition for rehearing en banc are denied. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

Albert Roy and Phillip Kephart were both convicted of crimes in Oregon state court. The federal district court dismissed both of their federal habeas petitions…