Johnny Ray Bagby v. Dewey Sowders, Warden, Northpoint Training Center

ALAN E. NORRIS, Circuit Judge.

Johnny Ray Bagby, a state prisoner, appealed from a district court order dismissing his petition for a writ of habeas corpus. A divided panel of this court affirmed the district court’s order in part, and reversed it in part. Bagby v. Sowders, 853 F.2d 1340 (6th Cir.1988). The panel remanded the case to the district court with instructions to grant the writ unless the State of Kentucky granted Bagby a new trial within a reasonable time. A majority of the judges of this court in regular active service voted to rehear the case en banc. Fed. R.App.P. 35(a); Bagby v.…