Hayward v. Marshall, 06-55392.
| Decision Date | 16 May 2008 |
| Docket Number | No. 06-55392.,06-55392. |
| Citation | 527 F.3d 797 |
| Parties | Ronald HAYWARD, Petitioner-Appellant, v. John MARSHALL, California Men's Colony East, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Joseph V. Camarata, Law Office of Joseph V. Camarata, Vallejo, CA, Michael Satris, Bolinas, CA, for Petitioner-Appellant.
Julie L. Garland, AGCA-Office of the California, Attorney General, San Diego, CA, 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 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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13 cases
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Senteno v. State Of Cal., Case No. 08cv0694-JLS(JMA).
...among other issues, is presently before a Ninth Circuit en banc panel in Hayward v. Marshall, 512 F.3d 536, reh'g en banc granted, 527 F.3d 797 (9th Cir.2008), and Respondent contends therefore “the Ninth Circuit's use of the some-evidence standard is not clearly established federal law and......
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Ledesma v. Marshall
...To Stay proceedings pending the issuance of the mandate in Hayward v. Marshall, 512 F.3d 536 (9th Cir.), reh'g en banc granted, 527 F.3d 797 (9th Cir.2008).5 Ledesma filed an opposition to a stay. On June 5, 2008, 2008 WL 2312804, the Eastern District court denied the motion, finding "ample......
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Atkins v. Davison
..."the three-judge panel opinion in Hayward shall not be cited as precedent by or to any court of the Ninth Circuit." See Hayward v. Marshall, 527 F.3d 797 (9th Cir.2008).17 On August 21, 2008, the California Supreme Court issued In re Lawrence, 44 Cal.4th 1181, 82 Cal.Rptr.3d 169, 190 P.3d 5......
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Milot v. Haws
...(9th Cir.2003). Respondent's objection based on the pendency of Hayward v. Marshall, 512 F.3d 536 (9th Cir.), reh'g en banc granted, 527 F.3d 797 (2008), must also be rejected. While the Hayward en banc panel may overrule earlier Ninth Circuit decisions, until such time if any as the Haywar......
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