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MILLER v. SMITH

No. 95-7521.

99 F.3d 120 (1996)

Bernard Eric MILLER, Petitioner-Appellant, v. William SMITH; Attorney General of the state of Maryland, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 29, 1996.

Rehearing Granted; Opinion Vacated December 10, 1996.

Attorney(s) appearing for the Case

ARGUED: Laurack Doyle Bray, Washington, D.C., for Petitioner-Appellant. Evelyn Omega Cannon, Assistant Attorney General, Baltimore, MD, for Respondents-Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Kathleen S. Hoke, Assistant Attorney General, Baltimore, MD, for Respondents-Appellees.

Before MURNAGHAN and HAMILTON, Circuit Judges, and LAY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Rehearing En Banc Granted; Opinion Vacated December 10, 1996.

Reversed and remanded with instructions by published opinion. Judge MURNAGHAN wrote the majority opinion, in which Senior Judge LAY joined. Judge HAMILTON wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

Bernard Eric Miller appeals from the district court's denial of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. In the petition...

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