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Post by carolinem on Mar 17, 2009 3:38:32 GMT -5
The 6th Circuit has denied the state's Petition for En Banc Rehearing. This is a big victory!
Congratulations to Reese!!
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Post by carolinem on Mar 17, 2009 3:52:20 GMT -5
Case: 05-4511 Filed: 02/19/2009
MAURICE A. MASON
Petitioner-Apellant
v
BETTY MITCHELL, WARDEN
Respondent-Apellee
BEFORE: BOGGS, Chief Circuit Judge; MOORE and CLAY, Circuit Judges.
The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active * judges of this court, and no judge of this court having requested a vote on the suggestion for rehearing en banc, the petition for rehearing has been referred to the original panel.
The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case.
Accordingly, the petition is denied. Chief Judge Boggs would grant rehearing for the reasons stated in his dissent.
ENTERED BY ORDER OF THE COURT
Leonard Green
Clerk
* Judge Cook recused herself from participation in this ruling.
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