Joseph Allan Wilson v. Hon. Robert J. Henderson, Superintendent, Auburn Correctional Facility

PER CURIAM:

This Court in the above state prisoner habeas corpus case, on August 27, 1984 by a divided vote, 742 F.2d 741 (Van Graafei-land, J., dissenting), having reversed a judgment of the district court and having entered a judgment directing that appellant Wilson, who had been convicted in a state court of murder and robbery, be released unless the state retried him; and The Supreme Court of the United States on June 26, 1986, on the state’s petition for a writ of certiorari, having concluded, sub nom. Kuhlmann v. Wilson, — U.S.-, 106 S.Ct. 2616 , 91 L.Ed.2d 364 , that this Court’s judgment of August 27, 1984 was “clear error”, — U.S. at-, 106 S.Ct. at 2629 -31 and having reversed the said judgment of this Court, and having remanded the case to this Court for further proceedings consistent with the opinion of Mr. Justice Powell, id;

now it is ORDERED ADJUDGED and DECREED as follows:

(1) The said judgment of this Court entered August 27, 1984, 742 F.2d 741 , is in all respects vacated and set aside.

(2) The case is remanded to the district court with directions to dismiss the petition for a writ of habeas corpus on the merits with prejudice.

(3) Costs in this Court on all proceedings shall be taxed in favor of appellee and against appellant Wilson.