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11-56768 - Terry Bell v. Domingo Uribe, Jr.


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11-56768 - Terry Bell v. Domingo Uribe, Jr.
September 5, 2013
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FILED OPINION (RICHARD C. TALLMAN, RICHARD R. CLIFTON and CONSUELO M. CALLAHAN) The district court???s order granting Bell and DeMola habeas relief is REVERSED and VACATED. We REMAND this case to the district court with directions to DENY the petitioners??? claims for relief, based on the Sixth and Eighth Amendments and discussed herein, and to consider the remaining unresolved claims in the petitioners??? 28 U.S.C. ?? 2254 habeas petitions. The panel shall retain jurisdiction over any future appeals. REVERSED; VACATED; REMANDED. Judge: RCT Authoring, Judge: RRC , Judge: CMC . FILED AND ENTERED JUDGMENT. [8769254] [11-56768, 11-56771]
January 21, 2014
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Filed order and amended opinion (RICHARD C. TALLMAN, RICHARD R. CLIFTON and CONSUELO M. CALLAHAN). Amending Disposition Opinion REVERSED; VACATED; REMANDED. The opinion filed on September 5, 2013, is amended. The amended opinion is filed concurrently with this order. With these amendments, the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc filed in appeal number 11-56771. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc in appeal number 11-56771 are DENIED. No further petitions for panel rehearing or petitions for rehearing en banc will be entertained. [8944400] [11-56768, 11-56771]