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Alexis Barrera-Echavarria v. Richard H. Rison, Warden

Citations: 35 F.3d 436; 94 Daily Journal DAR 12796; 94 Cal. Daily Op. Serv. 6986; 1994 U.S. App. LEXIS 24602; 1994 WL 495723Docket: 93-56682

Court: Court of Appeals for the Ninth Circuit; September 9, 1994; Federal Appellate Court

Narrative Opinion Summary

The Ninth Circuit Court of Appeals has ordered that the case involving petitioner-appellee Alexis Barrera-Echavarria and respondent-appellant Richard H. Rison, Warden, be reheard en banc. This decision follows a vote by the majority of nonrecused regular active judges, in accordance with Circuit Rule 35-3. The case number is 93-56682, and the order was issued on September 9, 1994, with a prior report of the case being 21 F.3d 314.

Legal Issues Addressed

Judicial Voting Requirement for En Banc Review

Application: The decision to rehear the case en banc was made in accordance with Circuit Rule 35-3, following a majority vote of nonrecused regular active judges, indicating compliance with procedural rules.

Reasoning: This decision follows a vote by the majority of nonrecused regular active judges, in accordance with Circuit Rule 35-3.

Rehearing En Banc Procedure

Application: The Ninth Circuit Court of Appeals decided to rehear the case en banc after a majority vote by the nonrecused regular active judges, demonstrating the process for en banc consideration.

Reasoning: The Ninth Circuit Court of Appeals has ordered that the case involving petitioner-appellee Alexis Barrera-Echavarria and respondent-appellant Richard H. Rison, Warden, be reheard en banc.