Legal Opinion

Don H. Weaver v. State of Texas

Court of Appeals for the Fifth Circuit

Decided November 10, 1972No. 72-2208PublishedCited by 9 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

2Per curiam

On petition for rehearing Weaver asserts that his appeal was timely taken and should not have been dismissed. While the docket entry shows that his notice of appeal was filed on June 1, 1972, and that the order denying his petition for writ of habeas corpus was entered on February 29, 1972, Weaver points to the notarization of the notice of appeal as having been executed on March 28, 1972, and alleges that it was mailed on that date so that it should have been received by the Clerk of the district court on March 29, 1972.

In these circumstances the petition for…

3Cases cited1 opinion

  1. James Bryant v. Marion J. Elliott, Warden of Atmore State PrisonCourt of Appeals for the Fifth Circuit · 1972

4Cited by9 opinions

  1. Carl H. Alley v. Dodge HotelCourt of Appeals for the D.C. Circuit · 1974
  2. United States v. John D. StolarzCourt of Appeals for the Ninth Circuit · 1976
  3. Bosler v. MoradWyoming Supreme Court · 1976
  4. Cramer v. WiseCourt of Appeals for the Fifth Circuit · 1974
  5. John Sanchez v. Dallas Morning NewsCourt of Appeals for the Fifth Circuit · 1976

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