Rossum
Rossum v. Patrick
Opinion
Opinion
William J. Genego, Nasatir, Hirsch, Podberesky & Genego, Santa Monica, CA, for the petitioner-appellant.
Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Kevin Vienna, Supervising Deputy Attorney General, Kyle Niki Shaffer, Deputy Attorney General, San Diego, CA, for the respondent-appellee.
Before: D.W. NELSON and STEPHEN REINHARDT, Circuit Judges, and NANCY GERTNER, District Judge. [*]
PER CURIAM Opinion; Dissent by Judge GERTNER.
Respondents' petition for panel rehearing is hereby granted. The opinion filed on September 23, 2010, and published at 622 F.3d 1262 (9th Cir.2010), is withdrawn and replaced by the attached opinion.
No new petitions for panel rehearing shall be accepted in this case.
PER CURIAM.
We conclude that this case is now controlled by the Supreme Court's intervening decision in Harrington v. Richter, 562 U.S. ___ , 131 S.Ct. 770 , 178 L.Ed.2d 624 (2011). Accordingly, we affirm the district court's denial of Kristin Rossum's petition for a writ of habeas corpus.