Court of Appeals for the Fifth Circuit January 9, 1975, 74-3802 (George Donivan v. C. Murray Henderson, Warden, Louisiana State Penitentiary)

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion November 7, 1974, 5 Cir., 1974, 503 F.2d 1401).

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

GEE, Circuit Judge:

The state asks that we reconsider our earlier decision to apply Wingo v. Wedding, 418 U.S. 461, 94 S.Ct. 2842, 41 L.Ed.2d 879 (1974), retroactively.