¶1J. Clayton Crenshaw, Deputy Atty. Gen., Office of Atty. Gen., Capital Litigation Div., Montgomery, AL, for appellant.
¶2Seamus C. Duffy, Drinker Biddle & Reath, Philadelphia, PA, Kenneth C. Frazier, Wayne, PA, for appellee.
¶3ON PETITION FOR REHEARING
¶4Before TJOFLAT, Chief Judge, ANDERSON and COX, Circuit Judges.
¶6The panel opinion is reported at 43 F.3d 1404 (11th Cir.1995). The panel modifies its opinion by deleting the following citation from the end of the second full paragraph on page 1409:
¶7See also Watkins v. State, 632 So.2d 555, 562-63 (Ala.Crim.App.1992) (noting that the Alabama Supreme Court has often remanded cases for a Batson hearing despite various procedural defaults), cert. quashed, 632 So.2d 566 (Ala.), cert. denied, — U.S. —, 114 S.Ct. 2153, 128 L.Ed.2d 880 (1994).
¶8The petition for rehearing filed by appellant/cross-appellee, Tommy Herring, is otherwise DENIED.