Joseph Murl Bennett v. Glen Mueller, Warden Cal Terhune, Director Attorney General of the State of California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
WARDLAW, Circuit Judge:
The opinion published at 296 F.3d 752 (9th Cir.2002) is hereby AMENDED as follows:
Page 760, ¶ 3: Delete the sentence beginning “While it is true” to the end of the paragraph (including fn.2), and replace with the following:
Because the California Supreme Court set out to create a rule that would be consistently applied, however, it does not follow that the rule in historical fact has been so applied. A few district courts have had the opportunity to analyze the consistency of application of the Clark rule, reaching opposing results. See, e.g., Deere v. Calderon, 890…
2Cases cited41 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Michigan v. LongSupreme Court of the United States · 1983
- Ake v. OklahomaSupreme Court of the United States · 1985
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- Gray v. NetherlandSupreme Court of the United States · 1996
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