Rhonda Jean Dyas v. Susan Poole, Warden Attorney General of the State of California
Opinion
Opinion
ORDER
The opinion filed October 28, 2002, and appearing at 309 F.3d 586 (9th Cir.2002) is amended. The amended opinion is filed herewith.
The panel has voted unanimously to deny the appellants’ petition for panel rehearing. Judge Paez has voted to deny appellants’ petition for en banc rehearing, and Judges Lay and Canby so recommend.
The full court has been advised of appellants’ petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
Appellants’ petition for panel rehearing and petition for rehearing en banc are denied. No further petitions for panel or en banc rehearing will be entertained.
OPINION
The State of California appeals a conditional grant of a writ of habeas corpus. The district court held that petitioner Rhonda Jean Dyas had been unconstitutionally shackled during her trial and that the shackling prejudiced her. The State does not dispute that the shackling was unconstitutional; it challenges only the holding that Dyas was prejudiced.
Dyas was convicted in California state court of first degree murder and robbery in 1991. The murder was carried out by Dyas’s husband and another man. Dyas…