Mark Steven Van Buskirk v. George H. Baldwin

ORDER

The opinion filed June 28, 2001 in the above matter, No. 00-35640, and appearing at 255 F.3d 974, 977 (9th Cir.2001), is amended as follows:

1)Slip op. at 8205, lines 11-15; 255 F.3d at 977, lines 41-48 delete:

The first half of the question is whether the Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) standard for testing the adequacy of representation is trumped by the actual innocence claim propped up by the newly discovered expert testimony

Replace with:

The first half of the question is whether the expert testimony provided by Van Buskirk is newly…