Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

09-99012 - Jesse Andrews v. Ron Davis


Download Files

Metadata

Document in Context
09-99012 - Jesse Andrews v. Ron Davis
August 5, 2015
PDF | More
FILED OPINION (SANDRA S. IKUTA, N. RANDY SMITH and MARY H. MURGUIA) Because we decide Andrews’s claim on prejudice grounds, we need not address the parties’ arguments regarding whether counsel’s performance was deficient at the penalty phase. Strickland, 466 U.S. at 697. We also need not consider the additional aggravating evidence put forth by the state, which Andrews disputes, and therefore deny the state’s motion for judicial notice of these additional materials. REVERSED in part, DISMISSED in part, and PETITION DENIED in part. Judge: SSI Authoring, FILED AND ENTERED JUDGMENT. [9634950] [09-99012, 09-99013] [9634950] [09-99012, 09-99013]--[Edited 08/05/2015 by RP]
August 1, 2017
PDF | More
FILED ORDER AND OPINION (SANDRA S. IKUTA, N. RANDY SMITH and MARY H. MURGUIA) The opinion filed August 5, 2015, and reported at 798 F.3d 759, is withdrawn. Because the court’s opinion is withdrawn, appellant/cross appellee’s petition for rehearing and petition for rehearing en banc is moot. A superseding opinion will be filed concurrently with this order. Further petitions for rehearing and petitions for rehearing en banc may be filed.REVERSED in part, DISMISSED in part, and PETITION DENIED in part. Judge: SSI Authoring, Judge: MHM Dissenting. FILED AND ENTERED JUDGMENT. [10528121] [09-99012, 09-99013]
April 26, 2018
PDF | More
Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that these cases 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. Judge Graber did not participate in the deliberations or vote in these cases. [10852600] [09-99012, 09-99013]