Chicago, Illinois 60604 August 28, 2007 Before Hon. KENNETH F. RIPPLE, Circuit Judge… v. No. 03 C 5 DANIEL R. MCBRIDE, Superintendent, Allen Sharp, Judge

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 28, 2007
Before
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
Hon. DIANE P. WOOD, Circuit Judge
Nos. 05-1442
CHRISTOPHER M. STEVENS, Appeal from the United States District
Court for the Northern District of Indiana,
Petitioner-Appellant, Hammond Division.
v. No. 03 C 5
DANIEL R. MCBRIDE, Superintendent, Allen Sharp, Judge.
Respondent-Appellee,
O R D E R
Respondent-Appellee filed a petition for rehearing and rehearing en banc on July 2, 2007,
and Petitioner-Appellant filed a petition for rehearing and rehearing en banc on July 27, 2007.
No judge in regular active service has requested a vote on the petitions for rehearing en banc, and
all members of the original panel have voted to DENY rehearing. Accordingly,
IT IS ORDERED that the petitions for rehearing and rehearing en banc are DENIED.
IT IS FURTHER ORDERED that the opinion released on June 18, 2007, is amended as
follows:
Section III of the original opinion is withdrawn, and is replaced with the following new
section:

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Appeal no. 05-1442 Page 2
III
For the foregoing reasons, the judgment of the district court is
AFFIRMED to the extent that it denies habeas corpus relief with
respect to Stevens’s conviction, and it is otherwise VACATED.
The case is REMANDED with instructions to issue a writ of habeas
corpus that vacates the current sentence of capital punishment.
The State of Indiana is free to conduct a new death penalty hearing,
providing that it files appropriate documents seeking such relief
within 120 days of the mandate from this court.

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