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SHUTE v. STATE OF TEX.

No. 96-20194.

117 F.3d 233 (1997)

John Lee SHUTE, Petitioner-Appellant, v. STATE OF TEXAS and Tommy Thomas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

July 3, 1997.

Attorney(s) appearing for the Case

Ken J. McLean, Roy G. Romo, Houston, TX, for Petitioner-Appellant.

Bobby Nick Turner, Office of the County Attorney for the County of Harris, Houston, TX, for Respondents-Appellees.

Before REYNALDO G. GARZA, SMITH and EMILIO M. GARZA, Circuit Judges.

ON REHEARING

JERRY E. SMITH, Circuit Judge:

Since the panel opinion was issued in this case, see Shute v. Texas, 113 F.3d 56 (5th Cir.1997), the Supreme Court has held §§ 101-106 of the Antiterrorism and Effective Death Penalty Act ("AEDPA") of 1996, Pub.L. No. 104-132, 110 Stat. 1214, 1217-21 (1996) (codified at 28 U.S.C. §§ 2244, 2253-2254), inapplicable to non-capital habeas corpus petitions filed before the act's effective...

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