Correll

Correll v. Schriro

Good Law
United States Court of Appeals for the Ninth CircuitMay 14, 200803-99006California24,262 words

Opinion

Opinion

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL EMERSON CORRELL,  No. 03-99006 Petitioner-Appellant, D.C. No. v. CV-87-01471-PHX-

SMM

CHARLES L. RYAN, Warden, Acting Director, Arizona Department of  ORDER AND Corrections; DORA B. SCHRIRO, AMENDED Director, OPINION AND Respondent-Appellee. AMENDED  DISSENT

Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding

Argued and Submitted September 26, 2005—San Francisco, California

Filed May 14, 2008

Before: Mary M. Schroeder, Diarmuid F. O’Scannlain and Sidney R. Thomas, Circuit Judges.

Opinion by Judge Thomas Dissent by Judge O’Scannlain COUNSEL

Thomas Phalen and Jon M. Sands, Phoenix, Arizona, for the appellant.

James P. Beene, Kent E. Cattani, and Terry Goddard, Phoe- nix, Arizona, for the appellee.

ORDER

In response to the petition for rehearing, the panel has elected to file an amended opinion and amended dissent. The amended opinion and dissent are filed…

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