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YOUNG v. HERRING

No. 89-4095.

938 F.2d 543 (1991)

Jerry Lynn YOUNG, Petitioner-Appellant, v. Robert HERRING, Lee County Sheriff, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

July 26, 1991.

Attorney(s) appearing for the Case

Professor Henry Gabriel (Court-appointed), New Orleans, La., for petitioner-appellant.

Marvin L. White, Jr., Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for respondents-appellees.

Before CLARK, Chief Judge, and POLITZ, KING, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

KING, Circuit Judge:

We consider this case en banc in order to determine whether a vaguely worded state court decision rejecting a federal habeas petitioner's constitutional claim must contain a Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989), plain statement that it relied upon state law even though the state court decision clearly rested, as two panels of...

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