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CLARK v. LOUISIANA STATE PENITENTIARY

No. 81-3792.

697 F.2d 699 (1983)

Colin CLARK, Petitioner-Appellant, v. LOUISIANA STATE PENITENTIARY and Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 10, 1983.

Attorney(s) appearing for the Case

Richard E. Shapiro, Div. of Public Interest Advocacy, Dept. of Public Advocate, Trenton, N.J., for petitioner-appellant.

Kay Kirkpatrick, John W. Sinquefield, Asst. Dist. Atty., Baton Rouge, La., for respondents-appellees.

Before INGRAHAM, REAVLEY and POLITZ, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion December 7, 1982, 5 Cir., 1982, 694 F.2d 75)

REAVLEY, Circuit Judge:

We have set aside petitioner's conviction for first degree murder because of the requirements of the Fourteenth Amendment. We only mentioned the problem of the death sentence and the Eighth Amendment because of the overlapping error and the recent decision in Enmund v....

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