Leon Alcorn, Petitioner-appellant, v. Steve Smith, Warden, Kentucky State Reformatory, Respondent-appellee, 740 F.2d 3 (6th Cir. 1984)

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US Court of Appeals for the Sixth Circuit - 740 F.2d 3 (6th Cir. 1984)

Aug. 3, 1984

On Appeal from United States District Court for the Eastern District of Kentucky at Lexington.

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


Before the panel is the Respondent-Appellee's Petition for Rehearing.

The petition challenges the statement that the respondent did not raise the exhaustion of state remedies issue in reference to the discussion of cause and prejudice for petitioner's procedural default. This statement is accurate. Moreover, if it were not accurate, it would in no way affect disposition of this case.

The petition for rehearing is denied.


Honorable Thomas A. Wiseman, Jr., District Judge, United States District Court for the Middle District of Tennessee, sitting by designation