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SINGLETON v. THIGPEN

No. 87-7629.

856 F.2d 126 (1988)

Cornelius SINGLETON, Petitioner-Appellant, v. Morris THIGPEN, Commissioner, Alabama Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 12, 1988.

Attorney(s) appearing for the Case

Al Pennington, Pennington, McCleave & Patterson, Mobile, Ala., for petitioner-appellant.

Ed Carnes, Asst. Atty. Gen. of Alabama, Montgomery, Ala., for respondent-appellee.

Before HILL, FAY and VANCE, Circuit Judges.

ON SUGGESTION FOR REHEARING IN BANC

(Opinion May 27, 1988, 11 Cir., 847 F.2d 668)

VANCE, Circuit Judge:

On suggestion for rehearing in banc petitioner insists that this court has not considered evidence of petitioner's diminished capacity to make a valid waiver of his Miranda rights. On the basis of such contention petitioner maintains that the confession should...

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