Legal Opinion
Ward v. Cain
Court of Appeals for the Fifth Circuit
Decided May 16, 1995No. 95-30442PublishedCited by 60 opinions
1Per curiam
Scheduled for execution between midnight and 3:00 a.m. on May 16, 1995, Thomas Lee Ward seeks a certificate of probable cause to appeal the denial of his petition for habeas corpus and a stay of his execution. Binding precedent precludes debate among jurists of reason about a dispositive issue and we must therefore deny the application for CPC and a stay.
We do not repeat the factual background and procedural posture of this case but refer to prior opinions.1 In the petition at bar, Ward’s third,2 the sole claim is that his jury was given the identical reasonable doubt instruction that the…
2Cases cited13 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- McCleskey v. ZantSupreme Court of the United States · 1991
- Sawyer v. WhitleySupreme Court of the United States · 1992
- Michelson v. United StatesSupreme Court of the United States · 1949
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3Cited by60 opinions
- Finley v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
- Fairman v. AndersonCourt of Appeals for the Fifth Circuit · 1999
- Roger McGowen v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2012
- Daniel Lee Corwin v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
- Callins v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
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