William Clark v. Jill Brown, Warden, California State Prison at San Quentin

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION

ORDER

This court’s opinion filed March 17, 2006, and published at Clark v. Brown, 442 F.3d 708 (9th Cir. March 17, 2006) is amended as follows:

The last two lines of slip op. 2802 and the first line of 2803, replace the sentence:

“Not only was Murtishaw a non-capital special circumstance felony-murder case in which the Court was careful to distinguish Green, as just noted.”

With:

“Not only was Murtishaw a non-special circumstance felony-murder case in which the Court was careful to distinguish Green, as just noted.”

With this amendment, the panel has voted to deny the petition for rehearing. Judges Fletcher and Fisher have voted to deny the petition for rehearing en bane; and Judge Nelson so recommends.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc, filed April 27, 2006, are DENIED.

OPINION

William Clark, a California death row inmate, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus…