Leon Alcorn v. Steve Smith, Warden, Kentucky State Reformatory
This text of 740 F.2d 3 (Leon Alcorn v. Steve Smith, Warden, Kentucky State Reformatory) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
Before the panel is the Petitioner-Appellant’s Petition for Rehearing of 724 F.2d 37, and Suggestion for Rehearing En Banc. The Court did not favor rehearing en banc and the petition was referred to the panel for decision.
Appellant has also filed a Motion for Leave to file an Appendix. The appendix has been considered by the panel along with the brief and argument of petitioner.
Petitioner urges the Court to reconsider the en banc holding of Bowen v. Tennessee, 698 F.2d 241 (6th Cir.1983), that the issue of exhaustion may not be waived. This the Court declines to do and Bovien controls the decision in this case.
The petition for rehearing is denied.
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Cite This Page — Counsel Stack
740 F.2d 3, 1984 U.S. App. LEXIS 20716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-alcorn-v-steve-smith-warden-kentucky-state-reformatory-ca6-1984.