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HURTH v. MITCHEM

No. 03-11471.

400 F.3d 857 (2005)

Alonzo HURTH, Petitioner-Appellant, v. Billy MITCHEM, Warden, Attorney General for the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 16, 2005.

Attorney(s) appearing for the Case

Thomas Martele Goggans (Court-Appointed), Montgomery, AL, for Petitioner-Appellant.

Cecil G. Brendle, Jr., Montgomery, AL, Michael Boysie Billingsley, Birmingham, AL, for Respondents-Appellees.

Before DUBINA, CARNES and CUDAHY, Circuit Judges.

CARNES, Circuit Judge:

In order to serve as the basis for a procedural bar in federal habeas proceedings, a state rule must be firmly established and regularly followed. Hill v. Jones, 81 F.3d 1015, 1023 (11th Cir.1996); Cochran v. Herring, 43 F.3d 1404, 1408, modified on reh'g, 61 F.3d 20 (11th Cir.1995); see also Lee v. Kemna,

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