Mason ex rel. Marson v. Vasquez

ORDER

The mandate is recalled. The en banc court having completed its duty pursuant to Death Penalty Rule 22^1(e)(3), the en banc court remands this cause to the- panel which had initial jurisdiction.

Because I do not believe that the en banc panel completed its duties under Ninth Circuit Rules 22 — 2(b)(4) and 22-4(ej(2), I respectfully dissent. I also concur in Judge Noonan’s dissent.

I. PROCEDURE

Rule 22-2(b)(4) states that, upon a call for en banc review under Rule 22-4(e)(2),

the death penalty en bane court, selected, for that case, will review the decision of the special state death penalty…