Kenneth Wayne O'Guinn v. Michael Dutton, s. 93-5578
| Decision Date | 10 March 1995 |
| Docket Number | Nos. 93-5578,93-5620,s. 93-5578 |
| Citation | 42 F.3d 359 |
| Parties | Kenneth Wayne O'GUINN, Petitioner-Appellee/Cross-Appellant, v. Michael DUTTON, Respondent-Appellant/Cross-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, Circuit Judges.
A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 14 provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.
Accordingly, it is ORDERED that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.
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O'Guinn v. Dutton
...the issuance of the writ and the en banc court agreed to rehear the appeal. O'Guinn v. Dutton, 42 F.3d 331 (1994), vacated, 42 F.3d 359 (6th Cir.1995). The en banc court finds that the federal habeas petition is a "mixed" petition--that is, one containing exhausted and unexhausted claims. T......