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SMITH v. JONES

No. 00-12314.

256 F.3d 1135 (2001)

Johnny Howard SMITH, Petitioner-Appellant, v. Ron JONES, Dr., Warden, Attorney General of The State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 10, 2001.

Attorney(s) appearing for the Case

Brian R. Hinton, Bradley, Arant, Rose & White, LLP, Birmingham, AL, for Petitioner-Appellant.

P. David Bjurberg, Montgomery, AL, for Respondents-Appellees.

Before CARNES and MARCUS, Circuit Judges, and PROPST, District Judge.

CARNES, Circuit Judge:

This appeal from the denial of 28 U.S.C. § 2254 relief brings us procedural bar issues of first impression relating to O'Sullivan v. Boerckel, 526 U.S. 838, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999), and its application to Alabama prisoners whose direct appeal process was completed before that decision was released.

In Smith v. White, 719 F.2d 390 (11th Cir...

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