Legal Opinion
Richard Donald Gill v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided January 10, 1977No. 75-1416PublishedCited by 9 opinions
1Opinion of the Court
RONEY, Circuit Judge:
This is a petition for rehearing and rehearing en banc filed by the State of Texas. As one ground for its petition, the State contends that the panel erred in relying on Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967), for determining the instant probation revocation proceeding to be invalid. Instead, the State asserts that Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), and not Mempa, should control. Specific attention is directed to this statement in the panel decision:
Constitutional law clearly requires that counsel be afforded…
2Cases cited18 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Townsend v. BurkeSupreme Court of the United States · 1948
- Mempa v. RhaySupreme Court of the United States · 1967
- McConnell v. RhaySupreme Court of the United States · 1968
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hogue v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
- John Lee Cook v. James A. Lynaugh, Interim Director, Texas Dept. Of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1987
- Clennon Loud v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1977
- Stewart v. Core Laboratories, Inc.District Court, N.D. Texas · 1978
- Joe Wayne Langston v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1977
4 more not listed; retrieve them via the Exa API.