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AGARD v. PORTUONDO

No. 96-2281.

159 F.3d 98 (1998)

Ray AGARD, Petitioner-Appellant, v. Leonard PORTUONDO, Superintendent of Fishkill Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 23, 1998.

Attorney(s) appearing for the Case

Ellen C. Abbot, Assistant District Attorney, Queens County, Kew Gardens, NY (Richard A. Brown, District Attorney, John M. Castellano, Assistant District Attorney, of counsel), for Respondent-Appellee.

Before: WINTER, Chief Judge, and OAKES and VAN GRAAFEILAND, Circuit Judges.

ON PETITION FOR REHEARING BY THE PANEL

WINTER, Chief Judge:

This is a petition for rehearing challenging the granting of a writ of habeas corpus by the panel majority on the ground that, even if the majority's view of the law is correct, the decision created a "new rule" that cannot be retroactively applied to the petitioner. Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989).

With respect...

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