Ernest Lee Brazzel v. State of Washington v. Alice Payne

Good Law
491 F.3d 976·2007 WL 1791983·2007 U.S. App. LEXIS 14836
United States Court of Appeals for the Ninth CircuitJune 22, 200705-36145California4,741 words

Opinion

Opinion

McKEOWN, J.

ORDER

Judge McKeown votes to deny the petition for rehearing en banc and Judge B. Fletcher and Judge Schwarzer so recommend. The full court has been advised of the 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. The petition for rehearing en banc is denied.

The Opinion filed on April 12, 2007 is amended as follows:

On slip Opinion page 4235, line 15 [484 F.3d at 1097], insert the following text: <“a reliable inference of prejudice.” Mathews, 475 U.S. at 246, 106 S.Ct. 1032 . > to replace cinferences of prejudiced

On slip Opinion page 4235, line 26 [484 F.3d at 1097-98], insert the following text after the sentence ending in the word and before the sentence beginning with the word:

On slip Opinion page 4235, line 26 [484 F.3d at 1097-98], insert the following text after the word and before: cthere is a “reliable” inference that> and delete the word. No further petitions shall be entertained.

OPINION

In this 28 U.S.C. § 2254 habeas appeal, Ernest Lee Brazzel challenges, as a violation of the Double…

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