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USCA9 Issues New Opinion in Much-Relisted Case

The US Supreme Court has been considering for some time now the Ninth Circuit's decision of Arizona murderer Richard Hurles.  The case has been on the Supreme Court's conference list -- the list of cases the Court considers to either let stand, take up for full briefing and argument, summarily reverse, or vacate and send back for reconsideration in light of a later decision -- an amazing 22 times, each time with no decision.  The Supreme Court case is Ryan v. Hurles, No. 12-1472.  The case involves a judicial bias claim.

Today, surprisingly, the Ninth Circuit withdrew its prior opinion and issued a new one.  The new one does not materially change the part under the Supreme Court's review, but it remands to the District Court to reconsider one ineffective assistance issue in light of Martinez v. Ryan.

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