Legal Opinion
Cook v. Texas Department of Criminal Justice Transitional Planning Department
Court of Appeals for the Fifth Circuit
Decided October 24, 1994No. 93-08607PublishedCited by 128 opinions
1Opinion of the Court
DeMOSS, Circuit Judge:
John Lee Cook challenges as unconstitutional a parole board procedure that allowed the board to take voided prior convictions into consideration when making eligibility determinations. The issue presented is whether such a claim is cognizable under 42 U.S.C. § 1983 or must instead be brought, after exhausting state remedies, as a habeas corpus claim under 28 U.S.C. § 2254.
BACKGROUND
Cook was convicted of burglary in 1964. In 1982, Cook was convicted of indecency with a child, and received twenty years, which included a ten-year enhancement for the 1964 conviction. In…
2Cases cited7 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Ernest M. Serio v. Members of Louisiana State Board of Pardons, Howard Marsellus, Jr.Court of Appeals for the Fifth Circuit · 1987
- Ronald P. Richardson v. Les FlemingCourt of Appeals for the Fifth Circuit · 1981
- Franklin D. Strader v. Anthony F. Troy, Attorney General of Virginia, and Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 1978
- Alan James Spina v. C.L. Aaron, Etc.Court of Appeals for the Fifth Circuit · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- Johnson v. RodriguezCourt of Appeals for the Fifth Circuit · 1997
- Arthur X. Carson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
- Orellana v. KyleCourt of Appeals for the Fifth Circuit · 1995
- Patton v. Jefferson Correctional CenterCourt of Appeals for the Fifth Circuit · 1998
- Coleman v. DretkeCourt of Appeals for the Fifth Circuit · 2004
123 more not listed; retrieve them via the Exa API.