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96-99025 - Smith v. Schriro


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96-99025 - Smith v. Schriro
February 4, 2016
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FILED OPINION (MARY M. SCHROEDER, STEPHEN REINHARDT and CONSUELO M. CALLAHAN) REVERSED AND REMANDED. Opinion by Judge Reinhardt; Concurrence by Judge Schroeder; Special Concurrence by Judge Reinhardt; Dissent by Judge Callahan. FILED AND ENTERED JUDGMENT. [9853728] [96-99025, 96-99026, 10-99011] --[Edited: PDF of webcites added. 02/04/2016 by TYL]
February 17, 2016
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Filed order (MARY M. SCHROEDER, STEPHEN REINHARDT and CONSUELO M. CALLAHAN) The opinion filed February 4, 2016 is hereby amended as follows: 1. Slip Op. at 1: In the heading, replace “DORA B. SCHRIRO” with “CHARLES L. RYAN”. 2. Slip Op. at 1: In the heading, replace “D.C. No. CV-87- 00234-RMB” with “D.C. No. CV-87-00234-CKJ District of Arizona, Tucson”. 3. Slip Op. at 4, lines 4-6: Replace “After that hearing the state trial court denied Smith’s Atkins claim, and the Arizona Court of Appeal and Arizona Supreme Court affirmed.” with “After that hearing, the state trial court denied Smith’s Atkins claim, the Arizona Court of Appeals denied special action relief, and the Arizona Supreme Court denied Smith’s petition for review.” [9867246] [96-99025, 96-99026, 10-99011]