Campbell v. Blodgett

992 F.2d 984 Charles CAMPBELL, Petitioner-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary, Walla Walla, Washington; Kenneth O. Eikenberry, Attorney General, State of Washington, Respondents-Appellees. No. 89-35210. United States Court of Appeals, Ninth Circuit. May 7, 1993. James E. Lobsenz, Carney, Badley, Smith & Spellman, Seattle, WA, for petitioner-appellant. Paul D. Weisser and John M. Jones, Asst. Attys. Gen., Olympia, WA, for respondents-appellees. Prior report: 978 F.2d 1519 . Before: WALLACE, Chief Judge, BROWNING, TANG, POOLE, D.W. NELSON, REINHARDT, BEEZER, WIGGINS, THOMPSON, O'SCANNLAIN, and KLEINFELD, Circuit Judges. ORDER 1 A majority of the en banc court has voted to deny respondents-appellees' motion for reconsideration of order of remand. 2 O'SCANNLAIN, Circuit Judge, with whom KLEINFELD, Circuit Judge, joins, dissenting: 3 A majority of the en banc court "has chosen to address whether hanging is cruel and unusual punishment under the Eighth Amendment" and has concluded that it "would be assisted ... if it had the benefit of an evidentiary hearing." The majority, however, has failed to identify any error committed by the district…