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DONIVAN v. HENDERSON

No. 74-3802.

506 F.2d 434 (1975)

George DONIVAN, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 1975.

Attorney(s) appearing for the Case

George Donivan, pro se.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Barbara B. Rutledge, Asst. Atty. Gen., Joseph B. Tosterud, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion November 7, 1974, 5 Cir., 1974, 503 F.2d 1401).

GEE, Circuit Judge:

The state asks that we reconsider our earlier decision to apply Wingo v. Wedding, 418 U.S. 461, 94 S.Ct. 2842, 41 L.Ed.2d 879 (1974), retroactively. We adhere to our decision, believing that the factors supporting retroactivity weigh heavier in the balance.

Of the three...

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