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REYNOLDS v. ELLINGSWORTH

No. 86-5633.

843 F.2d 712 (1988)

George L. REYNOLDS, Appellant, v. Jack C. ELLINGSWORTH, Warden and Charles M. Oberly, III.

United States Court of Appeals, Third Circuit.

Decided March 31, 1988.

As Amended April 14, 1988.

Opinion on Denial of Rehearing and Rehearing May 24, 1988.

Attorney(s) appearing for the Case

Beverly L. Bove (argued), Tomar, Seliger, Simonoff, Adourian & O'Brien, Wilmington, Del., for appellant.

Loren C. Meyers (argued), Delaware Dept. of Justice, Wilmington, Del., for appellees.

Before WEIS, HIGGINBOTHAM and MANSMANN, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc May 24, 1988.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This appeal centers on the district court's determination that a procedural default in the state courts barred review of the merits of two claims raised in a petition for writ of habeas corpus challenging a state conviction. 28 U.S.C. § 2254 (1982). Petitioner asserts that the prosecutor's extensive references in...

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