Martsay Bolder, Appellee/cross-Appellant v. Bill Armontrout, Appellant/cross-Appellee

928 F.2d 806, 1991 U.S. App. LEXIS 4511, 1991 WL 38182

Opinions

ORDER DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC.

The suggestion for rehearing en banc has been considered by the court and is denied by reason of the lack of majority of active judges voting to rehear the case en banc. Chief Judge Lay, Judge McMillian, Judge Arnold, Judge John R. Gibson and Judge Loken dissent from the denial of the suggestion for rehearing en banc.

The petition for rehearing is also denied.

The present stay of execution shall continue until the time has expired for petitioner to seek certiorari review with the Supreme Court of the United States. If a timely petition for certiorari is filed then the stay shall continue until such time as the Supreme Court disposes of the case.