Joseph Wood, III v. Charles Ryan, et al
Filing
Filed Order for PUBLICATION (SIDNEY R. THOMAS) (Dissents by Chief Judge Kozinski and Judge Callahan) The full court has been advised of the petition for rehearing en banc. Pursuant to the rules applicable to capital cases in which an execution date has been scheduled, a deadline was established by which any judge could request a vote on whether the panel s July 19, 2014 opinion should be reheard en banc. A judge requested a vote on whether to rehear the panel s opinion en banc. A majority of the non-recused active judges did not vote in favor of rehearing en banc. Judges Graber, Murguia, and Hurwitz did not participate in the deliberations or vote in this case. The petition for rehearing en banc is denied. The Court s July 19, 2014 opinion, granting a conditional stay of Wood s execution, remains in effect. [9175804]
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Case: 14-16310
07/21/2014
ID: 9175804
DktEntry: 35-1
Page: 1 of 1
FILED
JUL 21 2014
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH RUDOLPH WOOD, III,
Plaintiff - Appellant,
v.
No. 14-16310
D.C. No. 2:14-cv-01447-NVWJFM
District of Arizona,
Phoenix
CHARLES L. RYAN, Director of the
Arizona Department of Corrections; et al.,
ORDER
Defendants - Appellees.
Before: THOMAS, Circuit Judge and Capital Case Coordinator.
The full court has been advised of the petition for rehearing en banc.
Pursuant to the rules applicable to capital cases in which an execution date has been
scheduled, a deadline was established by which any judge could request a vote on
whether the panel’s July 19, 2014 opinion should be reheard en banc. A judge
requested a vote on whether to rehear the panel’s opinion en banc. A majority of
the non-recused active judges did not vote in favor of rehearing en banc. Judges
Graber, Murguia, and Hurwitz did not participate in the deliberations or vote in this
case. The petition for rehearing en banc is denied. The Court’s July 19, 2014
opinion, granting a conditional stay of Wood’s execution, remains in effect.
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