Frost v. Van Boening, 11–35114.
| Decision Date | 25 February 2013 |
| Docket Number | No. 11–35114.,11–35114. |
| Citation | 707 F.3d 1143 |
| Parties | Joshua James FROST, Petitioner–Appellant, v. Ron VAN BOENING, Superintendent, Respondent–Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
OPINION TEXT STARTS HERE
Erik B. Levin, Assistant Federal Public Defender, Corey Endo, Federal Public Defender's Office, Seattle, WA, for Petitioner–Appellant.
John Joseph Samson, Assistant Attorney General, Attorney General's Office, Olympia, WA, for Respondent–Appellee.
ORDER
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
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Frost v. Van Boening
...Van Boening, 692 F.3d 924 (9th Cir.2012). A majority of the non-recused active judges voted to rehear the case en banc.Frost v. Van Boening, 707 F.3d 1143 (9th Cir.2013).II As the Washington Supreme Court correctly concluded, the state trial court unconstitutionally precluded defense counse......
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