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Click here for the full text of this decision FACTS:In an earlier opinion, a panel of the 5th Circuit made a ruling against a habeas corpus petitioner. On motion for rehearing and rehearing en banc, the court issues a clarifying opinion. HOLDING:Petitions for rehearing and rehearing en banc denied. The clarification specifies the class of petitioner it will apply to � certain petitioners without counsel � and it clarifies that the decision does not imply that all defendants with mental retardation are entitled to counsel under 848(q)(4)(B) for all successive habeas actions. The clarification also points out that equitable tolling applied in this case, and that this case was fact bound. OPINION:Clement, J.; Higginbotham, Smith and Clement, JJ. DISSENT:Smith, J.. The dissent does not think that the clarifications cure the fundamental deficiencies of the underlying opinion, which this author dissent to, as well. “The majority’s position on retardation remains in error, but at least there is a way of understanding how the majority can attempt to justify appointing counsel in a case such as this, where the attempted showing of retardation is meritless if not downright disingenuous.”

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