Joseph P. Shelton v. John C. Marshall; Attorney General of the State of California

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH P. SHELTON,
Petitioner,
v.
JOHN C. MARSHALL; ATTORNEY
GENERAL OF THE STATE OF
CALIFORNIA,
Respondents-Appellees.
No. 13-15707
D.C. No.
4:10-cv-01100-
PJH
ORDER
Filed November 23, 2015
Before: Sidney R. Thomas, Chief Judge and Stephen
Reinhardt and Morgan Christen, Circuit Judges.
ORDER
The unopposed petition for rehearing in this case is
granted. The final sentence of the opinion dated August 7,
2015 is amended to read as follows: “The district court is
directed to issue a writ ordering the State to retry Shelton for
the murder of Thorpe within a reasonable time or to take such
other action as may be consistent with this opinion and with
federal and state law. See Lujan v. Garcia, 734 F.3d 917,
934–95 (9th Cir. 2013).” The mandate will issue 7 days from
the date of this order.

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