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Petitions for rehearing are very seldom granted.
But they fell just short of the votes needed for rehearing.
"He filed a motion for rehearing in seven limericks," the judge said.
The appeals court summarily reversed the conviction and, granting the government's request, set the case for rehearing before the full court.
"If the court should deny our motion for rehearing," he wrote to Mr. Suthers, "its mandate will issue quickly, and the cases will be final".
"We are filing the petitions for rehearing and clarification because we believe fundamental errors in the court's reasoning require this action," Mr. Salazar said in a statement.
Similar(30)
The diocese gave three reasons for a rehearing.
Three other judges did not participate in the request for a rehearing.
However, Polk County attorney John Sarcone said his office will not ask for a rehearing.
The three-judge appellate panel that issued the ruling in September denied his petition for a rehearing.
At this point, proponents of Prop 8 have fourteen days to decide whether to petition for a rehearing.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com