Opinion
Nos. 05-9006, 05-9008.
Argued on May 1, 2009.
Opinion and Judgment filed July 1, 2009, July 8, 2009, Dated: July 15, 2009.
Present: McKEE, SMITH and STAPLETON, Circuit Judges.
1. Letter construed as Motion by Appellant/Cross-Appellee for Correction of Error in Opinion of the Court Issued on July 1, 2009.
2. Letter by Appellees/Cross-Appellants in Response to Letter construed as a Motion for Correction of Error in Opinion of the Court.
/s/ Nicole M. Rees _________________________________ Case Manager (267)299-4924
ORDER
After reviewing the materials submitted by the Appellant/Cross-Appellee, which included, for the first time, his petition for habeas relief, the Motion for Correction of Error in Opinion of the Court is GRANTED. Footnote 2 on pages 7-8 of the Opinion of the Court will be amended as follows:
"it does not appear that Thomas raised these claims in his habeas petition, see id. at 495-96, 498" shall be replaced with "it does not appear that the Commonwealth has raised this issue in its cross-appeal".
By the Court,
/s/ D. Brooks Smith ________________________________ Circuit Judge
nmr/cc: Robert M. Falin, Esq. David C. Glebe, Esq. Billy H. Nolas, Esq.