Nevius v. Warden

This is a motion for rehearing and reconsideration of our August 28, 1997, decision concluding that Justice Young was not disqualified from sitting on the motion to rehear this case. Our August 1997 decision did not revisit the merits of the case which had already been disposed of by an October 9, 1996 order dismissing appellant’s appeal and petition for writ of habeas corpus. The dissent acknowledges these facts, but then proceeds to reconsider previously resolved issues which were not raised by the appellant’s rehearing/reconsideration motion presently before this court.

The only rationale…