October 7, 2013
Edward Harold SCHAD, Petitioner-Appellant,
Charles L. RYAN, Director, Arizona Department of Corrections, Respondent-Appellee.
Kelley J. Henry, Assistant Federal Public Defender, Federal Public Defender, Nashville, TN, Denise Irene Young, Denise I. Young, Tucson, AZ, for Petitioner-Appellant.
Jon Anderson, Esquire, Assistant Attorney General, Jeffrey A. Zick, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent-Appellee.
D.C. No. 2:97-cv-02577-ROS, District of Arizona, Phoenix.
Before: SCHROEDER, REINHARDT, and GRABER, Circuit Judges.
Judge Schroeder and Judge Graber have voted to deny the petition for panel rehearing and to deny the motion for a stay of execution. Judge Reinhardt voted to grant the petition for panel rehearing and to grant the motion for a stay of execution. Accordingly, the petition for panel rehearing and the motion for a stay of execution are denied.