Legal Opinion

Robert Pruett v. Jack Choate

Court of Appeals for the Fifth Circuit

Decided October 6, 2017No. 17-70021UnpublishedCited by 3 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge: *

Robert Pruett was sentenced to death for capital murder and is scheduled to be executed on October 12, 2017. On August .8, 2017, he sued under 42 U.S.C. § 1983, alleging that he was denied due process in state proceedings to obtain postconviction DNA testing. He sought injunctive relief regarding the DNA testing and a stay of execution. The district court dismissed the compliant. We affirm.

I

In 2002, Pruett was sentenced to death for the murder of Daniel Nagle, a Corrections Officer. At the time, Pruett was serving a life sentence for a prior murder. The…

2Cases cited19 opinions

  1. Nken v. HolderSupreme Court of the United States · 2009
  2. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  3. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
  4. Skinner v. SwitzerSupreme Court of the United States · 2011
  5. Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998

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3Cited by3 opinions

  1. Johnson v. CollierCourt of Appeals for the Fifth Circuit · 2025
  2. Durden v. DoyleDistrict Court, S.D. Texas · 2024
  3. In Re: Blaine MilamCourt of Appeals for the Fifth Circuit · 2025

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