Legal Opinion
Lewellen v. Raff
Court of Appeals for the Eighth Circuit
Decided July 14, 1988No. Nos. 87-1069, 87-1100, 87-1101 and 87-1103PublishedCited by 4 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
2Per curiam
This court affirmed the district court’s grant of a preliminary injunction enjoining state officers (the state) from proceeding with a criminal trial of Roy Lewellen. Lewellen v. Raff, 843 F.2d 1103 (8th Cir. 1988). The state now petitions for rehearing, arguing that the court erred in: (1) not considering whether the state had a reasonable expectation of obtaining a conviction of Lewellen; and (2) holding that the district court’s finding of retaliatory prosecution was not clearly erroneous. We reject the latter contention for the reasons discussed in our earlier…
3Cases cited10 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Sports Form, Inc., a Nevada Corporation v. United Press International, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1982
- Wilson v. ThompsonCourt of Appeals for the Fifth Circuit · 1979
- International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Uaw v. Mack Trucks, IncCourt of Appeals for the Third Circuit · 1987
- Aaron Henry v. First National Bank of Clarksdale v. Mississippi Action for Progress, Inc.Court of Appeals for the First Circuit · 1979
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4Cited by4 opinions
- Fred W. Phelps, Sr. And Edward F. Engel v. Joan Hamilton, in Her Official Capacity as District AttorneyCourt of Appeals for the Tenth Circuit · 1995
- Jeffers v. ClintonDistrict Court, E.D. Arkansas · 1990
- Jeffers v. ClintonDistrict Court, E.D. Arkansas · 1990
- Roy C. Lewellen, Jr. v. Gene Raff, Individually and in His Official Capacity as Prosecuting Attorney for the First Judicial District of Arkansas David Cahoon, Individually and in His Official Capacity as Deputy Prosecuting Attorney for Lee County, Arkansas Henry Wilkinson, Individually and in His Official Capacity as Circuit Court Judge for the First Judicial District of Arkansas, Lafayette Patterson Jeanne Kennedy Doug Williams Lee County, Arkansas Robert May, Jr., Individually and in His Official Capacity as Sheriff of Lee County. Lafayette Patterson v. Robert Banks Margie Banks Reverend Almore Banks (Four Cases). Roy C. Lewellen, Jr. v. Gene Raff, Individually and in His Official Capacity as Prosecuting Attorney for the First Judicial District of Arkansas David Cahoon, Individually and in His Official Capacity as Deputy Prosecuting Attorney for Lee County, Arkansas Lafayette Patterson Jeanne Kennedy Doug Williams, Lee County, Arkansas Robert May, Jr., Individually and in His Official Capacity as Sheriff of Lee County Henry Wilkinson, Individually and in His Official Capacity as Circuit Court Judge for the First Judicial District of Arkansas. Roy C. Lewellen, Jr. v. Gene Raff, Individually and in His Official Capacity as Prosecuting Attorney for the Eastern Judicial District of Arkansas David Cahoon, Individually and in His Official Capacity as Deputy Prosecuting Attorney for Lee County, Arkansas Lafayette Patterson Jeanne Kennedy Doug Williams Lee County, Arkansas Robert May, Jr., Individually and in His Official Capacity as Sheriff of Lee County, Henry Wilkinson, Individually and in His Official Capacity as Circuit Court Judge for the First Judicial District of Arkansas. Roy C. Lewellen, Jr. v. Gene Raff, Individually and in His Official Capacity as Prosecuting Attorney for the First Judicial District of Arkansas David Cahoon, Individually and in His Capacity as Deputy Prosecuting Attorney for Lee County, Arkansas, Lafayette Patterson Jeanne Kennedy Doug Williams Lee County, Arkansas Robert May, Jr., Individually and in His Official Capacity as Sheriff of Lee County Henry Wilkinson, Individually and in His Official Capacity as Circuit Court Judge for the First Judicial District of ArkansasCourt of Appeals for the First Circuit · 1988