Sarausad v. Porter

Ninth Circuit

Sarausad v. Porter

503 F.3d 822, 2007 U.S. App. LEXIS 21647, 2007 WL 2588811

Court of Appeals for the Ninth Circuit·Decided September 10, 2007·No. 05-35062·Published·Cited by 10 cases

Opinions

Order; Dissent by

Judge CALLAHAN.

Judge Reinhardt and Judge W. Fletcher voted to deny the petition for rehearing en banc. Judge Bybee voted to grant the petition for rehearing en banc.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the non-recused active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f).

The petition for rehearing en banc, filed March 19, 2007, is DENIED.

[823] The initial order concerning Petitioner Sarausad’s custody is VACATED, and the district court is instructed on remand to decide whether Sarausad should remain in custody pending the state’s decision to retry him.

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Order; Dissent by

Judge CALLAHAN.

Judge Reinhardt and Judge W. Fletcher voted to deny the petition for rehearing en banc. Judge Bybee voted to grant the petition for rehearing en banc.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the non-recused active judges of the court failed to vote for en banc rehearing. Fed. R.App. P. 35(f).

The petition for rehearing en banc, filed March 19, 2007, is DENIED.

[823] The initial order concerning Petitioner Sarausad’s custody is VACATED, and the district court is instructed on remand to decide whether Sarausad should remain in custody pending the state’s decision to retry him.

Sarausad v. Porter, 503 F.3d 822, 2007 U.S. App. LEXIS 21647, 2007 WL 2588811 (9th Cir. 2007).

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