LEWELLEN v. RAFF

Nos. 87-1069, 87-1100, 87-1101 and 87-1103.

851 F.2d 1108 (1988)

Roy C. LEWELLEN, Jr., Appellee, v. Gene RAFF, individually and in his official capacity as Prosecuting Attorney for the First Judicial District of Arkansas; David Cahoon, individually and in his official capacity as Deputy Prosecuting Attorney for Lee County, Arkansas; Henry Wilkinson, individually and in his official capacity as Circuit Court Judge for the First Judicial District of Arkansas, Appellants. Lafayette Patterson; Jeanne Kennedy; Doug Williams; Lee County, Arkansas; Robert May, Jr., individually and in his official capacity as Sheriff of Lee County. Lafayette PATTERSON v. Robert BANKS; Margie Banks; Reverend Almore Banks (Four Cases). Roy C. LEWELLEN, Jr., Appellee, v. Gene RAFF, individually and in his official capacity as Prosecuting Attorney for the First Judicial District of Arkansas; David Cahoon, individually and in his official capacity as Deputy Prosecuting Attorney for Lee County, Arkansas; Lafayette Patterson; Jeanne Kennedy; Doug Williams, Appellant. Lee County, Arkansas; Robert May, Jr., individually and in his official capacity as Sheriff of Lee County; Henry Wilkinson, individually and in his official capacity as Circuit Court Judge for the First Judicial District of Arkansas. Roy C. LEWELLEN, Jr., Appellee, v. Gene RAFF, individually and in his official capacity as Prosecuting Attorney for the Eastern Judicial District of Arkansas; David Cahoon, individually and in his official capacity as Deputy Prosecuting Attorney for Lee County, Arkansas; Lafayette Patterson; Jeanne Kennedy; Doug Williams; Lee County, Arkansas; Robert May, Jr., individually and in his official capacity as Sheriff of Lee County, Appellant. Henry Wilkinson, individually and in his official capacity as Circuit Court Judge for the First Judicial District of Arkansas. Roy C. LEWELLEN, Jr., Appellant, v. Gene RAFF, individually and in his official capacity as Prosecuting Attorney for the First Judicial District of Arkansas; David Cahoon, individually and in his capacity as Deputy Prosecuting Attorney for Lee County, Arkansas, Appellees. Lafayette Patterson; Jeanne Kennedy; Doug Williams; Lee County, Arkansas; Robert May, Jr., individually and in his official capacity as Sheriff of Lee County; Henry Wilkinson, individually and in his official capacity as Circuit Court Judge for the First Judicial District of Arkansas.

United States Court of Appeals, Eighth Circuit.

Rehearing and Rehearing Denied September 28, 1988.


Attorney(s) appearing for the Case

David S. Mitchell, Asst. Atty. Gen., Little Rock, Ark., for Raff et al.

John Walker, Lazer Palnick, Little Rock, Ark., for Lewellen.

Before LAY, Chief Judge, ARNOLD and BOWMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 28, 1988.

ON PETITION FOR REHEARING

PER CURIAM.

This court affirmed the district court's grant of a preliminary injunction enjoining state officers (the state) from proceeding with a criminal trial of Roy Lewellen. Lewellen v. Raff, 843 F.2d 1103 (8th Cir.1988). The state now petitions for rehearing, arguing that the court erred in: (1) not considering whether...

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