Freddy Curiel v. Amy Miller

I was a member of the three-judge panel that was first assigned this case. There, I joined the panel’s decision that reached a different result from the one we reach as an en banc court today. See Curiel v. Miller, 780 F.3d 1201, vacated 798 F.3d 1209 (9th Cir. 2015). Upon further reflection, I now find our decision here to be more consistent with Supreme Court precedent, with how our court has previously analyzed summary denials of habeas petitions by California state courts, and with the interpretive signals that the California Supreme Court has flashed in the past. Accordingly, I concur in…