Babb

Babb v. Lozowsky

Bad Law
719 F.3d 1019·2013 WL 2436532
United States Court of Appeals for the Ninth CircuitJanuary 11, 2013No. 11-16784California7,707 words

Opinion

Lead Opinion

Murguia, J.

ORDER

Nevada Attorneys for Criminal Justice’s motion for leave to file an amicus curiae brief in support of Petitioner-Appellee is GRANTED (Doc. 41).

The Opinion filed January 11, 2013, appearing at 704 F.3d 1246 , is amended as follows:

1. At slip op. 25, in the first sentence of the first full paragraph; 704 F.3d at 1258 , in the first sentence of the first full paragraph, change “On federal habeas review, the Supreme Court certified a question to the Florida Supreme Court, asking whether, at the time Bunkley’s conviction became final in 1989, his 2.5-3 inch pocketknife was a weapon under the law at that stage in its evolution” to “On federal habe-as review, the Supreme Court remanded to the Florida Supreme Court to decide whether, at the time Bunkley’s conviction became final in 1989, his 2.5-3 inch pocketknife was a weapon under the law at that stage in its evolution.”

2. At slip op. 25, in the third sentence in the first full paragraph; 704 F.3d at 1258 , in the third sentence in the first full paragraph, change “The Supreme Court said that ‘If Bunkley’s pocketknife fit ... ’ ” to “The Supreme Court said that ‘[i]f Bunkley’s pocketknife fit....”’

3. At slip op. 26, in…

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