Thanks, that makes sense and thanks to the original poster because I’ve been wondering about this myself. Can Sullivan petition for an en banc review? Maybe not, since he hasn’t?
Sullivan can’t request full court review. Otherwise, no doubt, he would. It was a typical 2-1 vote with 2 Republican judges ruling in favor of dismissal and the Dem against.That Dem judge can also vote for a full court review as well as any one judge on the full court. The full court unfortunately has more Dems than Republicans and that would be what prosecutor/judge Sullivan is counting on in reversing dismissal.