Kevin Miles v. Charles Ryan

Kevin Miles v. Charles Ryan

Petitioner - Appellant,:	KEVIN ARTICE MILES
Respondent - Appellee,:	CHARLES L. RYAN
Case Number:	10-99016
Filed:	August 10, 2010
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Habeas Corpus: Death Penalty

Opinions

We have the following opinions for this case:

Date Filed	Description
August 27, 2012	Miles v. Ryan
September 28, 2012	KEVIN MILES V. CHARLES RYAN
March 25, 2013	KEVIN MILES V. CHARLES RYAN

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Date Filed	Document Text
March 25, 2013	Filing 9024796787 Filed order and amended opinion (SUSAN P. GRABER, MARSHA S. BERZON and RICHARD C. TALLMAN). Amending Disposition Opinion AFFIRMED; The opinion filed on August 27, 2012, slip op. 9797, and appearing at 691 F.3d 1127, is amended as follows: On slip opinion page 9827, replace lines 6 through 15 with the following: Even though Petitioner has now uncovered, during federal habeas proceedings, some new information that was not presented to the state courts during post-conviction review, that evidence is insufficient to demonstrate that his lawyer s investigation during the state-court proceedings was objectively unreasonable. As detailed above, his counsel conducted an extensive investigation during post-conviction review, obtaining a psychologist to perform further testing and hiring an investigator who visited Petitioner s home town and interviewed many people who knew him and his mother. With this amendment, Judges Graber and Tallman have voted to deny Petitioner-Appellant s petition for rehearing and petition for rehearing en banc. Judge Berzon has voted to grant the petition for rehearing and petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. The majority of the nonrecused active judges failed to vote in favor of en banc rehearing. Petitioner-Appellant s petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or for rehearing en banc shall be entertained. [8562159]

Date Filed

Document Text

March 25, 2013

Filing 9024796787 Filed order and amended opinion (SUSAN P. GRABER, MARSHA S. BERZON and RICHARD C. TALLMAN). Amending Disposition Opinion AFFIRMED; The opinion filed on August 27, 2012, slip op. 9797, and appearing at 691 F.3d 1127, is amended as follows: On slip opinion page 9827, replace lines 6 through 15 with the following: Even though Petitioner has now uncovered, during federal habeas proceedings, some new information that was not presented to the state courts during post-conviction review, that evidence is insufficient to demonstrate that his lawyer s investigation during the state-court proceedings was objectively unreasonable. As detailed above, his counsel conducted an extensive investigation during post-conviction review, obtaining a psychologist to perform further testing and hiring an investigator who visited Petitioner s home town and interviewed many people who knew him and his mother. With this amendment, Judges Graber and Tallman have voted to deny Petitioner-Appellant s petition for rehearing and petition for rehearing en banc. Judge Berzon has voted to grant the petition for rehearing and petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. The majority of the nonrecused active judges failed to vote in favor of en banc rehearing. Petitioner-Appellant s petition for rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or for rehearing en banc shall be entertained. [8562159]

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Petitioner - appellant,: KEVIN ARTICE MILES
Represented By:	Sean Holahan Bruner
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Respondent - appellee,: CHARLES L. RYAN
Represented By:	Jonathan Bass
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