John Lee Shute v. State of Texas and Tommy Thomas

ON REHEARING

JERRY E. SMITH, Circuit Judge:

Since the panel opinion was issued in this case, see Shute v. Texas, 113 F.3d 56 (5th Cir.1997), the Supreme Court has held §§ 101-106 of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996, Pub.L. No. 104-132, 110 Stat. 1214, 1217-21 (1996) (codified at 28 U.S.C. §§ 2244, 2253-2254), inapplicable to non-capital habeas corpus petitions filed before the act’s effective date of April 24, 1996. See Lindh v. Murphy, — U.S. -, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). As petitioner’s habeas petition pre-dated the act, he is not subject to it.…