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HARRIS v. CHAMPION

No. 93-5191.

48 F.3d 1127 (1995)

Anthony Jerome HARRIS, Petitioner-Appellant, v. Ron CHAMPION, Warden; Attorney General; Steve Hargett; Stephen Kaiser; Bobby Boone; Dan Reynolds; Joy Hadwiger; Michael Cody; Edward Evans, Jr.; Jack Cowley; Neville Massie; H.N. Scott; Sue Frank; Denise Spears; Earl Allen; Jim Sorrels; Oklahoma Court of Criminal Appeals; Honorable James F. Lane; Honorable Gary L. Lumpkin; Honorable Thomas Brett; Honorable Ed Parks; Honorable Charles A. Johnson; Oklahoma Indigent Defense Systems (OIDS); Henry A. Meyer, III, also known as Hank Meyer; Richard Reeh; Doug Parr; Richard James; Becky Pfefferbaum, M.D.; Patti Palmer; E. Alvin Schay, Respondents-Appellees, Oklahoma Criminal Defense, and National Association of Criminal Defense Lawyers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 21, 1995.

Attorney(s) appearing for the Case

Susan M. Otto, Federal Public Defender, Oklahoma City, OK, for petitioner-appellant.

Susan B. Loving, Atty. Gen., Oklahoma, Diane L. Slayton, Asst. Atty. Gen., Oklahoma City, OK, for Warden respondents-appellees.

John M. Imel, John E. Rooney, Jr., of Moyers, Martin, Santee, Imel & Tetrick, Tulsa, OK, Gail L. Wettstein, Oklahoma City, OK, for Oklahoma Court of Criminal Appeals respondents-appellees.

Before BRORBY, LOGAN, and EBEL, Circuit Judges.

ORDER

EBEL, Circuit Judge.

This matter comes before the court on appellant's petition for rehearing and suggestion for rehearing in banc, as well as the warden appellees' petition for rehearing. In our decision of September 27, 1994, we concluded that because the district court ultimately determined that appellant's habeas petition was a mixed petition, presenting both exhausted and unexhausted claims, it should...

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