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HUMPHREY v. CAIN

No. 95-31101.

138 F.3d 552 (1998)

Elmo HUMPHREY, III, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 3, 1998.

Attorney(s) appearing for the Case

David John Schenck, Hughes & Luce, Dallas, TX, for Petitioner-Appellant.

Alison Wallis, Gretna, LA, for Respondent-Appellee.

Before POLITZ, Chief Judge, and KING, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We took this case en banc to resolve conflicting panel decisions whether Cage-Victor error fits within the second Teague exception, making it available in federal habeas to a state prisoner whose criminal conviction was final when those cases were decided. For the reasons stated in the panel opinion, we today give an affirmative answer to that question. We overrule all prior decisions of this court holding to the...

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