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TAYLOR v. NORRIS

No. 04-1117.

401 F.3d 883 (2005)

Steven F. TAYLOR, Petitioner — Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Respondent — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2005.

Attorney(s) appearing for the Case

Steven F. Taylor, Grady, AR, pro se.

Omar F. Greene, II (argued and submitted), Federal Public Defender's Office, Little Rock, AR, for Petitioner-Appellant.

Jeffrey A. Weber, Brent Patrick Gasper (argued and submitted), Attorney General's Office, Little Rock, AR, for Respondent-Appellee.

Before MELLOY, BOWMAN, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Arkansas prisoner Steven F. Taylor appealed the district court's1 denial of his petition for habeas relief. We affirmed in a decision dated February 9, 2005. The appellee filed a timely petition for rehearing by the panel. Although the appellee, Larry Norris, was the prevailing party in our prior decision, he correctly points out in the rehearing petition that we misconstrued the procedural default rule as set out...

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