IN RE HEARN

Nos. 04-10245, 04-70010.

389 F.3d 122 (2004)

In Re: Yokamon Laneal HEARN, Movant. Yokamon Laneal Hearn, Petitioner-Appellant, v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 2004.


Attorney(s) appearing for the Case

James William Marcus, Morris H. Moon, Houston, TX, for Petitioner-Appellant in Nos. 04-10245, 04-70010.

Edward Larry Marshall, Office of Atty. Gen. for State of TX, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

The petition for panel rehearing is DENIED, and no judge in regular active service having requested that the court be polled on rehearing en banc, the petition for rehearing en banc is DENIED. The court, having considered the request for rehearing, clarifies the panel opinion as follows:

1. The panel decision is limited to a petitioner who: (i) has already filed state and federal petitions; (ii) presently...

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