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TUCKER v. JOHNSON

No. 97-20101.

115 F.3d 276 (1997)

Karla Faye TUCKER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected on Grant of Rehearing July 2, 1997.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Bennett, Secrest & Meyers, Houston, TX, David L. Botsford, Austin, TX, for petitioner-appellant.

Margaret Portman Griffey, Austin, TX, for respondent-appellee.

Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.

ON PETITION FOR REHEARING

JERRY E. SMITH, Circuit Judge:

Since the panel opinion was issued in this case, see Tucker v. Johnson, 115 F.3d 276 (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 habeas corpus petitions...

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