Thomas Henry Battle v. Paul K. Delo

BEAM, Circuit Judge.

Thomas Henry Battle petitions for reconsideration of our opinion affirming the district court’s 1 denial of habeas corpus relief. Battle v. Delo, 19 F.3d 1547 (8th Cir.1994) (Battle I). In part, Battle’s petition is based upon our application of Sawyer v. Whitley, 112 S.Ct. 2514, 505 U.S. 333, 120 L.Ed.2d 269 (1992), to the procedural default of several of his claims of ineffective assistance of trial counsel. In Battle I, after finding no cause or prejudice, we applied Sawyer to find that Battle had not shown by “ ‘clear and convincing evidence’ that but for the claimed…