Terry Brian Tower v. O.J. Phillips

This ease arises on appeal following the district court’s order denying and dismissing the petition for writ of habeas corpus of petitioner-appellant Terry Brian Towler. 1 The original panel opinion was issued on December 21, 1992, and published at 979 F.2d 807. An active judge of this court withheld the mandate prompting reconsideration by the panel of the procedural bar issue raised in the appellee’s brief. On May 3, 1993, appellant filed a motion to issue the mandate. That motion was denied on June 11, 1993. We now withdraw the opinion previously issued and published at 979 F.2d 807, and…