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HILL v. BLACK

No. 87-4922.

932 F.2d 369 (1991)

Alvin HILL, Petitioner-Appellee Cross-Appellant, v. Lee Roy BLACK, Commissioner, Mississippi Department of Corrections, et al., Respondents-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

May 20, 1991.

Attorney(s) appearing for the Case

Marvin L. White, Jr., Asst. Atty. Gen., Jackson, Miss., for respondents-appellants cross-appellees.

James P. Kreindler, Daniel M. Kolko, New York City, Percy Stanfield, James W. Craig, Mississippi Capital Defense Res. Cntr., Jackson, Miss., for petitioner-appellee cross-appellant.

Before CLARK, Chief Judge, POLITZ and GARWOOD, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion December 14, 1990, 5th Cir., 920 F.2d 249)

CLARK, Chief Judge:

On petition for panel rehearing and suggestion for rehearing en banc Alvin Hill raises two claims which require discussion. First, he claims that the Supreme Court has applied Clemons v. Mississippi, ___ U.S. ___, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990), retroactively on collateral...

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