Danny Hill

• Court: Court of Appeals for the Sixth Circuit
• Decided: March 20, 2023
• Docket: 20-3863
• Status: Published

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 23a0049p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ IN RE: DANNY HILL, │ > No. 20-3863 Petitioner. │ ┘

On Petition for Leave to File a Second or Successive Petition for a Writ of Habeas Corpus. United States District Court for the Northern District of Ohio at Youngstown. No. 4:20-cv-01294—John R. Adams, District Judge.

Decided and Filed: March 20, 2023

Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, DAVIS, and MATHIS, Circuit Judges.* _________________

COUNSEL

ON PETITION FOR REHEARING EN BANC: Benjamin M. Flowers, Zachery P. Keller, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Respondent State of Ohio. ON RESPONSE: Sharon A. Hicks, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Petitioner. _________________

ORDER _________________

A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

* Judge Murphy recused himself from participation in this decision. No. 20-3863 In re Hill Page 2

Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

ENTERED BY ORDER OF THE COURT

___________________________________ Deborah S. Hunt, Clerk