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Degraffenreid v. McKellar

filed: October 2, 1989.

RAY CHARLES DEGRAFFENREID, PETITIONER - APPELLANT
v.
KENNETH D. MCKELLAR, WARDEN, KCI; WILLIAM D. LEEKE, COMMISSIONER, SCDC; T. TRAVIS MEDLOCK, ATTORNEY GENERAL FOR THE STATE OF SOUTH CAROLINA, RESPONDENTS - APPELLEES



Original Opinion reported at,

On Petition for Rehearing with Suggestion for Rehearing In Banc

The appellant's petition for rehearing and suggestion for rehearing in banc were submitted to this Court.

On the question of rehearing before the panel. Judge Phillips voted to rehear the case. Judges Widener and Judge Wilkins voted to deny.

In a requested poll of the Court on the suggestion for rehearing in banc, Judges Ervin, Winter, Murnaghan, and Judge Sprouse voted to rehear the case in banc; and Judges Russell, Hall, Chapman, and Wilkinson voted against in banc rehearing.

As the panel considered the petition for rehearing and is of the opinion that it should be denied, and as a majority of the active circuit judges voted to deny rehearing in banc,

IT IS ADJUDGED AND ORDERED that the petition for rehearing and suggestion for rehearing in banc are denied.

Entered at the direction of Judge Wilkins.

19891002

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