Legal Opinion
Paul Else v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
Court of Appeals for the Fifth Circuit
Decided February 20, 1997No. 96-40404PublishedCited by 32 opinions
1Opinion of the Court
ON RECONSIDERATION
Before POLITZ, Chief Judge, and REAVLEY and DENNIS, Circuit Judges. PER CURIAM:
The opinion previously entered in this case is hereby withdrawn and replaced with the following. The district court granted a certificate of probable cause for the appeal of the denial of habeas relief pursuant to 28 U.S.C. § 2254. Several days prior to this grant, a new law became effective: the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214 (1996). We hold that the district court had the authority to issue a certificate of appealability under…
2Cases cited3 opinions
- Richard Gerry Drinkard v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
- Charles Edward Hunter v. United States of America, Henry C. Bailey v. John E. Nagle, Warden, Jeff Sessions, Attorney General for the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1996
- Andres Guadalupe Villarreal v. United States Parole CommissionCourt of Appeals for the Fifth Circuit · 1993
3Cited by32 opinions
- Joseph Coady v. Donald T. Vaughn the District Attorney of the County of Montgomery the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
- John R. Tiedeman v. Dennis Benson, Warden, State of MinnesotaCourt of Appeals for the Eighth Circuit · 1997
- Lackey v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
- Young v. DretkeCourt of Appeals for the Fifth Circuit · 2004
- Anthony Porter v. Richard B. Gramley, Warden, Pontiac Correctional CenterCourt of Appeals for the Seventh Circuit · 1997
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