United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

August 28, 2007

Before

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. DANIEL A. MANION, Circuit Judge

Hon. DIANE P. WOOD, Circuit Judge

Nos. 05-1442

CHRISTOPHER M. STEVENS, Appeal from the United States District Court for the Northern District of Indiana, Petitioner-Appellant, Hammond Division.

v. No. 03 C 5

DANIEL R. MCBRIDE, Superintendent, Allen Sharp, Judge.

Respondent-Appellee,

ORDER

Respondent-Appellee filed a petition for rehearing and rehearing en banc on July 2, 2007, and Petitioner-Appellant filed a petition for rehearing and rehearing en banc on July 27, 2007. No judge in regular active service has requested a vote on the petitions for rehearing en banc, and all members of the original panel have voted to DENY rehearing. Accordingly,

IT IS ORDERED that the petitions for rehearing and rehearing en banc are DENIED.

IT IS FURTHER ORDERED that the opinion released on June 18, 2007, is amended as follows:

Section III of the original opinion is withdrawn, and is replaced with the following new section: Appeal no. 05-1442 Page 2

III

For the foregoing reasons, the judgment of the district court is AFFIRMED to the extent that it denies habeas corpus relief with respect to Stevens’s conviction, and it is otherwise VACATED . The case is REMANDED with instructions to issue a writ of habeas corpus that vacates the current sentence of capital punishment. The State of Indiana is free to conduct a new death penalty hearing, providing that it files appropriate documents seeking such relief within 120 days of the mandate from this court.