Brooks v. Dretke
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The State of Texas asks us to reconsider our grant of habeas relief to Carl L. Brooks. 1 For the following reasons, the petition for rehearing by the panel is denied. The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. and 5th Cir. R. 35), Rehearing En Banc is DENIED.
The state presents two issues meriting discussion. First, the state contends that this Court, in granting Brooks habeas relief, relied upon…
2Cases cited19 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Teague v. LaneSupreme Court of the United States · 1989
- Smith v. PhillipsSupreme Court of the United States · 1982
- Tumey v. OhioSupreme Court of the United States · 1927
- Remmer v. United StatesSupreme Court of the United States · 1954
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3Cited by19 opinions
- United States v. Ricardo MitchellCourt of Appeals for the Third Circuit · 2012
- David Wayne Allen v. Betty MitchellCourt of Appeals for the Sixth Circuit · 2020
- Dowdye v. PeopleSupreme Court of The Virgin Islands · 2011
- United States v. GemarCourt of Appeals for the Fifth Circuit · 2023
- Carney v. Director, TDCJ-CIDDistrict Court, N.D. Texas · 2021
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