ADAMS v. DUGGER

No. 86-3207.

816 F.2d 1493 (1987)

Aubrey Dennis ADAMS, Jr., Petitioner-Appellant, v. Richard L. DUGGER, Robert Butterworth, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 23, 1987.


Attorney(s) appearing for the Case

Mark E. Olive, David A. Reiser, Office of Capital Collateral Representative, Tallahassee, Fla., Ronald J. Tabak, Skadden, Arps, Slate, Meagher & Flom, New York City, Kenneth M. Hart, Tallahassee, Fla., for petitioner-appellant.

Margene Roper, Asst. Atty. Gen., Dept. of Legal Affairs, Daytona Beach, Fla., Richard B. Martell, Asst. Atty. Gen., for respondents-appellees.

Before RONEY, Chief Judge, FAY and JOHNSON, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion Nov. 13, 1986, 11 Cir., 804 F.2d 1526).

PER CURIAM:

Part I(A)(2), entitled "Procedural Bar," is hereby vacated and the following is substituted in lieu thereof:

2. Abuse of the Writ and Procedural Bar

A district court need not consider a claim raised for the first time in a second habeas petition, unless the petitioner establishes that the failure to raise the...

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