Friday, November 03, 2006

Freytag v. Ayers (9th Cir. - Nov. 3, 2006)

Sure, you can petition for rehearing or rehearing en banc. And you might even have a point; in many cases, the opinion may well be weak -- or even flatly inaccurate -- in places.

But even in such cases, will you chage the panel's mind? Not likely. You'll instead get an amendment like the one in this case, in which Judge Reinhardt amends his opinion, inter alia, as follows:

"The opinion filed September 13, 2006, slip op. 11183, and appearing at 463 F.3d 838 (9th Cir. 2006), is hereby amended as follows: 1. At slip op. at 11205, line 4: insert “sufficiently” after “failed to invoke”."

What a victory!