Alcorn v. Smith

Sixth Circuit Court of Appeals

Decided July 9, 1984.

Sixth Circuit Court of Appeals · decided 1984-07-09

Cited by 1 later decisions — most recently July 1984

1 federal appellate ·

Relies on Quinton Bowen v. State of Tennessee · Alcorn v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-09

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¶1Before KEITH and MERRITT, Circuit Judges, and WISEMAN, District Judge.*

¶3ORDER DENYING PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

¶4Before 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.

¶5Appellant 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.

¶6Petitioner 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.

¶7The petition for rehearing is denied.