TYLER v. PHELPS

No. 79-3093.

643 F.2d 1095 (1981)

Gary TYLER, Petitioner-Appellant, v. C. Paul PHELPS, Director, Department of Corrections and Attorney General of the State of Louisiana, William Guste, Jr., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 27, 1981.


Attorney(s) appearing for the Case

Jack Peebles, Metairie, La., for petitioner-appellant.

Abbott J. Reeves, Asst. Dist. Atty., Research & Appeals, Gretna, La., for respondents-appellees.

Before COLEMAN, PECK and KRAVITCH, Circuit Judges.


ON PETITION FOR REHEARING

KRAVITCH, Circuit Judge.

Appellees' motion for rehearing is granted. The panel opinion, 622 F.2d 172 (5th Cir. 1980), is vacated in its entirety and the following issued as the opinion of this court.

Gary Tyler, appellant, was convicted of first degree murder in Louisiana state court and sentenced to die. On appeal, the death penalty1 was vacated but the conviction...

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