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DUVALL v. REYNOLDS

Nos. 96-6329, 97-6299.

139 F.3d 768 (1998)

John W. DUVALL, Petitioner-Appellant, v. Dan REYNOLDS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 4, 1998.

Attorney(s) appearing for the Case

Don J. Gutteridge, Jr., Oklahoma City, OK, appearing for Petitioner-Appellant.

William L. Humes, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma and Sandra D. Howard, Assistant Attorney General, with him on the brief), Oklahoma City, OK, appearing for Respondent-Appellee.

Before TACHA, BALDOCK, and KELLY, Circuit Judges.

ORDER

The petition for rehearing by the panel is granted. The original opinion is withdrawn. This opinion is ordered substituted for the original opinion filed in this case.

No member of the active court called for a poll, the en banc suggestion is denied.

OPINION

TACHA, Circuit Judge.

John Wayne Duvall, an Oklahoma state prisoner sentenced to death, appeals the district court's denial of his petition for a writ of habeas corpus...

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