Legal Opinion · Dissent

Jimmy Ray Bonds, Appellant-Petitioner v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, Appellee-Respondent

Court of Appeals for the Fifth Circuit

Decided August 30, 1978No. 75-3914Published

1DissentAlvin B. Rubin, Circuit Judge

Despite the study and effort the members of the court have lavished on this case, I must respectfully dissent because the material with which we have worked was not in shape for our labors. The findings of the trial court are ambiguous. Both the majority and other dissenters must parse sentences and plumb words to draw meanings, and the exercise in hermeneutics then leads them to different factual conclusions. I cannot agree with either exegesis for I cannot tell whether the trial court found: (a) the lawyers, who appear to have done all that counsel could up to the time the decision to…

2Cases cited6 opinions

  1. Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Clarence SimpsonCourt of Appeals for the Fifth Circuit · 1966
  2. Henry C. Haggard v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1977
  3. Johnnie Thomas v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970
  4. Shiflett v. VirginiaCourt of Appeals for the Fourth Circuit · 1971
  5. Bailey v. AultCourt of Appeals for the Fifth Circuit · 1974

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