Legal Opinion
Brewer v. Dretke
Court of Appeals for the Fifth Circuit
Decided March 1, 2006No. 04-70034PublishedCited by 20 opinions
1Per curiam
The petition for panel rehearing is DENIED. The prior opinion, Brewer v. Dretke, 410 F.3d 773 (5th Cir.2005), is WITHDRAWN, and the following opinion is substituted:
Before JOLLY, SMITH and GARZA, Circuit Judges. JERRY E. SMITH, Circuit Judge:
The district court conditionally granted, pursuant to 28 U.S.C. § 2254, death row inmate Brent Brewer’s petition for writ of habeas corpus, holding that the special issues submitted during his punishment phase were a constitutionally inadequate vehicle for the jury to give effect to his mitigating evidence. The state appeals on the grounds that the court…
2Cases cited23 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Penry v. LynaughSupreme Court of the United States · 1989
- Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionSupreme Court of the United States · 2004
- Jurek v. TexasSupreme Court of the United States · 1976
- Franklin v. LynaughSupreme Court of the United States · 1988
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brewer v. QuartermanSupreme Court of the United States · 2007
- Nelson v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Smith v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
- Garcia v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Abdul-Kabir v. QuartermanSupreme Court of the United States · 2007
15 more not listed; retrieve them via the Exa API.