Raymond Phillips, Petitioner-appellant, v. John F. Donnelly, Jr.; Michael C. Moore, Attorney General, State of Mississippi, Respondents-appellees, 223 F.3d 797 (5th Cir. 2000)

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US Court of Appeals for the Fifth Circuit - 223 F.3d 797 (5th Cir. 2000)

August 22, 2000


Appeal from the United States District Court for the Southern District of Mississippi

Before REYNALDO G. GARZA, JOLLY, and HIGGINBOTHAM, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:


The petition for rehearing is GRANTED to the extent that our reference to the defendant bearing the burden should instead place the burden on the petitioner. In all other respects, the petition for rehearing with respect to this published opinion is DENIED.