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Tijani v. Holder (9th Cir. - Dec. 6, 2010)

By Shaun Martin

Here's a neat little puzzle.

It's a three-judge panel, and all of its members are Ninth Circuit judges.  An opinion gets written, and the inevitable post-opinion petitions are filed.  One judge votes to grant the petition for panel rehearing.  Another judge would vote to grant the petition for rehearing en banc.

But the petition for rehearing en banc is denied, with no judge requesting a vote.  How does that happen?

Here's one way.  Check out the panel composition, and how they vote.  Pretty neat.

Full post as published by California Appellate Report on December 06, 2010 (boomark / email).