Browning v. Baker (875 F.3d 444, 2017)

ORDER

Judges Wardlaw and Gould AMEND their majority opinion in the above captioned case filed September 20, 2017 as follows:

The paragraph on page 55 of the slip opinion that begins with the sentence < Finally, Browning lists in a footnote of his brief a litany of other asserted deficiencies in Pike’s representation. > shall be deleted in its entirety and replaced with the following language:

< Finally, in arguing for an expansion of the COA, Browning lists a number of other alleged deficiencies in Pike’s representation. Because we find that Browning’s ineffective assistance of counsel claim succeeds on other grounds, we do not here assess these other alleged deficiencies^

Existing footnote 19 shall be inserted in its entirety after