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CLARK v. BROWN

No. 02-99007.

450 F.3d 898 (2006)

William CLARK, Petitioner-Appellant, v. Jill BROWN, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2006.

Amended May 30, 2006.

Attorney(s) appearing for the Case

Maria E. Stratton, Sean K. Kennedy and Mark R. Drozdowski, Office of the Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

Bill Lockyer, Robert R. Anderson, Pamela C. Hamanaka, Keith H. Borjon and Scott A. Taryle, Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.

Before DOROTHY W. NELSON, WILLIAM A. FLETCHER, and RAYMOND C. FISHER, Circuit Judges.

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION

WILLIAM A. FLETCHER, Circuit Judge.

ORDER

This court's opinion filed March 17, 2006, and published at Clark v. Brown, 442 F.3d 708 (9th Cir. March 17, 2006) is amended as follows:

The last two lines of slip op. 2802 and the first line of 2803, replace the sentence:

"Not only was Murtishaw a non-capital special circumstance...

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