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DERDEN v. McNEEL

No. 90-1230.

978 F.2d 1453 (1992)

George Guy DERDEN, III, Plaintiff-Appellant, v. Sheriff Sammie McNEEL and Attorney General — State of Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 16, 1992.

Attorney(s) appearing for the Case

Leslie Joyner Bobo, Butler, Snow, O'Mara, Stevens & Cannada (Court appointed), Jackson, Miss., for plaintiff-appellant.

Charlene R. Pierce, Special Asst. Atty. Gen., Marvin L. White, Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for defendants-appellees.

Before POLITZ, Chief Judge, REYNALDO G. GARZA, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

On initially hearing this case, the majority of a panel of our court concluded that an accumulation of actions prejudicial to petitioner George Guy Derden deprived him of a fundamentally fair trial for burglary in Mississippi state court. Derden v. McNeel, 938 F.2d 605 (5th Cir.1991). After en banc rehearing, we now hold that federal habeas corpus relief may only be granted for cumulative...

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