Filed: Jan. 31, 2020
Latest Update: Mar. 03, 2020
Summary: FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD DEAN CLARK, No. 14-99005 Petitioner-Appellant, D.C. No. v. 3:97-cv-20618-WHA KEVIN CHAPPELL, Warden, Respondent-Appellee. ORDER Filed January 31, 2020 Before: Consuelo M. Callahan, Sandra S. Ikuta, and John B. Owens, Circuit Judges. Order 2 CLARK V. CHAPPELL ORDER The opinion in this case, published at 936 F.3d 944 (9th Cir. 2019) is hereby amended as follows: 936 F.3d at 971 , delete “and infects the jury as a whole”
Summary: FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD DEAN CLARK, No. 14-99005 Petitioner-Appellant, D.C. No. v. 3:97-cv-20618-WHA KEVIN CHAPPELL, Warden, Respondent-Appellee. ORDER Filed January 31, 2020 Before: Consuelo M. Callahan, Sandra S. Ikuta, and John B. Owens, Circuit Judges. Order 2 CLARK V. CHAPPELL ORDER The opinion in this case, published at 936 F.3d 944 (9th Cir. 2019) is hereby amended as follows: 936 F.3d at 971 , delete “and infects the jury as a whole” s..
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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD DEAN CLARK, No. 14-99005
Petitioner-Appellant,
D.C. No.
v. 3:97-cv-20618-WHA
KEVIN CHAPPELL, Warden,
Respondent-Appellee. ORDER
Filed January 31, 2020
Before: Consuelo M. Callahan, Sandra S. Ikuta,
and John B. Owens, Circuit Judges.
Order
2 CLARK V. CHAPPELL
ORDER
The opinion in this case, published at 936 F.3d 944 (9th
Cir. 2019) is hereby amended as
follows: 936 F.3d at 971,
delete “and infects the jury as a whole” so that the sentence
reads “Taking the ‘surrounding circumstances’ into
consideration, when the juror’s improper communication
with a non-juror interferes with the juror’s role as a juror, it
raises a credible risk of affecting the outcome.”
With this amendment the panel has voted to deny the
petition for panel rehearing and to deny the petition for
rehearing en banc. The full court has been advised of the
petition for rehearing en banc and no judge has requested a
vote on whether to rehear the matter en banc. Fed. R. App.
P. 35.
The petition for panel rehearing and the petition for
rehearing en banc are DENIED. No further petition for
rehearing may be filed.
