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DAVIS v. BLACKBURN

No. 86-4055.

803 F.2d 1371 (1986)

Franklin Edward DAVIS, Petitioner-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 10, 1986.

Attorney(s) appearing for the Case

Franklin E. Davis, pro se.

John F. Johnson, Dist. Atty., Vidalia, La., for respondent-appellee.

Before RUBIN, REAVLEY, and HILL, Circuit Judges.

ON PETITION FOR PANEL REHEARING

PER CURIAM:

In his petition for panel rehearing, Davis urges that this court is foreclosed from sua sponte applying the principle of Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), so as to bar relitigation of his fourth amendment claim in his federal habeas corpus action because the state did not assert this...

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