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WILLIAMS v. WHITLEY

Nos. 92-3361, 92-4008.

994 F.2d 226 (1993)

Larry WILLIAMS, Petitioner-Appellee, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellant. John FULFORD, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Order Granting Rehearing July 20, 1993.

Attorney(s) appearing for the Case

Terry M. Boudreaux, Dorothy A. Pendergast, Asst. Dist. Attys., Gretna, LA, for John P. Whitley in No. 92-3361.

Professor David Gruning, Loyola Law School, New Orleans, LA (Court-appointed), for Larry Williams.

Professor David Gruning, Loyola Law School, New Orleans, LA (Court-appointed), for John Fulford.

Jack Peebles, Asst. Dist. Atty., New Orleans, LA, for John P. Whitley in No. 92-4008.

Before WISDOM, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

Order Granting Rehearing En Banc in No. 92-4008 July 20, 1993.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This consolidated appeal raises an important question concerning the scope of federal habeas corpus, the retroactivity of Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987), and Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). Petitioners...

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