What is the effect of the Supreme Court's ruling in a motion for a rehearing of a petition for a third-judge review?
MultiRegion, United States of America
The following excerpt is from Clutchette v. Procunier, 497 F.2d 809 (9th Cir. 1974):
Petition for rehearing has been granted in the light of Wolff v. McDonnell (1974), ___ U.S. ___, 94 S.Ct. 2963, 41 L.Ed.2d ___. A new opinion will be later published.
KILKENNY, Circuit Judge (concurring and dissenting):
I agree with the majority's treatment of the three-judge issue, but I do not condone the strictures placed by the majority on the overall impact of Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973), in connection with the exhaustion of state remedies.
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