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ELSE v. JOHNSON

No. 96-40404.

104 F.3d 82 (1997)

Paul ELSE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 20, 1997.

Attorney(s) appearing for the Case

Paul Else, Texas Department of Criminal Justice, Iowa Park, TX, pro se.

Charles A. Palmer, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellee.

Before POLITZ, Chief Judge, and REAVLEY and DENNIS, Circuit Judges.

ON RECONSIDERATION

PER CURIAM:

The opinion previously entered in this case is hereby withdrawn and replaced with the following. The district court granted a certificate of probable cause for the appeal of the denial of habeas relief pursuant to 28 U.S.C. § 2254. Several days prior to this grant, a new law became effective: the Anti-terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (1996). We hold...

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