Hernandez v. Chappell

The opinion filed on January 14, 2019, is amended as follows: on slip opinion page 13, delete the following text: A defendant faces a higher burden of showing prejudice at the guilt phase than at the penalty phase. See Raley v. Ylst , 470 F.3d 792, 802 (9th Cir. 2006) ("The bar for establishing prejudice is set lower in death penalty sentencing cases than in guilt-phase challenges and noncapital cases.").

The petitions for rehearing and rehearing en banc are otherwise DENIED , no further petitions for rehearing will be accepted. The panel has voted to deny the petition for panel rehearing and…