The 9th U.S. Circuit Court of Appeals on Tuesday announced that it would rehear for the third time a case involving a man who claims his burglary conviction is flawed because his trial court attorney faced drug charges by the same district attorney's office prosecuting his case.
The en banc order came two years after the California attorney general's office's 2002 request for it, and the case has a new twist.
A judge who sat on the original three-judge panel, Michael Daly Hawkins, has recused himself from being considered for the 11-judge rehearing.