Moore

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RANDY JOSEPH MOORE,  No. 04-15713 Petitioner-Appellant, D.C. No. v. STAN CZERNIAK, Superintendent of  CV-01-01795-

AJB/JMS

OSP, ORDER AND

Respondent-Appellee.  OPINION

Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted March 10, 2005—Portland, Oregon

Filed July 28, 2009

Before: Stephen Reinhardt, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.

Order; Opinion by Judge Reinhardt; Concurrence by Judge Berzon; Dissent by Judge Bybee; Dissent to Order by Judge Callahan; Dissent to Order by Judge Bea COUNSEL

Barbara L. Creel, Office of the Federal Public Defender, Port- land, Oregon, for the petitioner-appellant.

Hardy Myers, Attorney General for the State of Oregon, Mary H. Williams, Solicitor General (On the Briefs); Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals Unit, Salem, Oregon (Argued), for the respondent- appellee.

ORDER

The majority opinion, concurring opinion, and…