Raynard Cummings v. Michael Martel

ORDER

The opinion filed on August 11, 2015, slip op. 11-99011, and appearing at 796 F.3d 1135 (9th Cir.2015), is amended as follows. At op. page 1142-43 n. 2, replace the current footnote with the following footnote text:

Chief Judge Thomas’s dissent sidesteps AEDPA and reviews Turner’s, special relationship prong de novo because, in his view, the California Supreme Court improperly layered a prejudice-balancing test on top of the Turner inquiry. See Thomas Partial Dissent at 1153-54. A close look at the record reveals the source of this misapprehension of the court’s opinion. In the state…