¶1Jennifer Susan Bedier, Arizona Capital Representation Project, Tucson, AZ, Gregory Kuykendall, Kuykendall & Associates, Tucson, AZ, for Petitioner-Appellant.
¶2Kent Ernest Cattani, Chief Counsel, Arizona Attorney General’s Office, Phoenix, AZ, for Respondentr-Appellee.
¶3D.C. No. 4:03-ev-00229-DCB.
¶4ORDER
¶6Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
¶7Judge Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.