Allen Richard Ellis, Law Offices of A. Richard Ellis, Mill Valley, CA, Timothy Gumkowski, Tivon Schardl, Supervisory Attorney, Federal Public Defender, TXW, Capital Habeas Unit, Austin, TX, for Petitioner-Appellant.
Ari Cuenin, Office of the Attorney General, Office of the Solicitor General, Austin, TX, Matthew Hamilton Frederick, Deputy Solicitor General, Office of the Solicitor General for the State of Texas, Austin, TX, Jennifer Wren Morris, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Respondent-Appellee.
Before OWEN, Chief Judge, JONES, SMITH, STEWART, DENNIS, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, and OLDHAM, Circuit Judges.
BY THE COURT:
A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.