Legal Opinion
Alvon O'Neal Haley v. W. J. Estelle, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided December 17, 1980No. 80-1052PublishedCited by 38 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
Alvon O’Neal Haley appeals the dismissal of his second federal habeas corpus petition. The court below dismissed the petition on the authority of Rule 9(b) of the Rules Governing Section 2254 Cases in the United States District Courts, finding that Haley had abused the writ of habeas corpus. We hold that the district court erred in making that determination. Accordingly, we vacate the judgment and remand for further consideration.
This petition marks the second time Haley has challenged his Texas conviction for aggravated robbery in the federal courts. In April 1976,…
2Cases cited7 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Price v. JohnstonSupreme Court of the United States · 1948
- Michael J. Paprskar v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
- Collin L. Johnson v. Roger B. Copinger, Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1969
- Clarence Simpson, Jr., 006232 v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Charles Jones v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
- Joseph Thomas v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam AustinCourt of Appeals for the Fifth Circuit · 1981
- Calvin Gunn v. Lanson Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1989
- Stephen Todd Booker v. Louie L. Wainwright, Secretary, Dept. Of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1985
33 more not listed; retrieve them via the Exa API.