Edward Charles Pickens v. Jim Guy Tucker, Governor of the State of Arkansas Larry Norris, Director, Arkansas Department of Correction , 23 F.3d 1477 ( 1994 )

AMENDED ORDER

This matter comes before the court on appellees’ suggestion for rehearing en banc. It is hereby ordered that appellees’ suggestion is granted. Chief Judge Richard S. Arnold, Judge McMillian, Judge Wollman and Judge Morris S. Arnold would deny the suggestion for rehearing en banc.

By operation of the order granting the suggestion for rehearing en banc, the panel’s May 9, 1994 judgment is vacated.

On rehearing en banc the district court’s May 4, 1994 order and judgment, 851 F.Supp. 363, are affirmed for the reasons stated in that order. The stay of execution of a sentence of death previously granted by this court on May 9, 1994 is hereby vacated. Chief Judge Richard S. Arnold, Judge McMillian, Judge Wollman, and Judge Morris S. Arnold would grant a stay, reverse the district court’s order and remand the matter for further proceedings consistent with the panel’s May 9, 1994 judgment.

The .clerk is directed to file Judge Morris S. Arnold’s dissent as an attachment to this order. Chief Judge Richard S. Arnold, Judge McMillian and Judge Wollman join in Judge Morris S. Arnold’s dissent.