Schad v. Ryan, 13–16895.

Decision Date07 October 2013
Docket NumberNo. 13–16895.,13–16895.
Citation733 F.3d 825
PartiesEdward Harold SCHAD, Petitioner–Appellant, v. Charles L. RYAN, Director, Arizona Department of Corrections, Respondent–Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

OPINION TEXT STARTS HERE

Kelley J. Henry, Assistant Federal Public Defender, Federal Public Defender, Nashville, TN, Denise Irene Young, Denise I. Young, Tucson, AZ, for PetitionerAppellant.

Jon Anderson, Esquire, Assistant Attorney General, Jeffrey A. Zick, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for RespondentAppellee.

D.C. No. 2:97–cv–02577–ROS, District of Arizona, Phoenix.

Before: SCHROEDER, REINHARDT, and GRABER, Circuit Judges.

ORDER

Judge Schroeder and Judge Graber have voted to deny the petition for panel rehearing and to deny the motion for a stay of execution. Judge Reinhardt voted to grant the petition for panel rehearing and to grant the motion for a stay of execution. Accordingly, the petition for panel rehearing and the motion for a stay of execution are denied.

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