Legal Opinion
Balentine v. Thaler
Court of Appeals for the Fifth Circuit
Decided June 18, 2010No. 09-70026PublishedCited by 17 opinions
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
John Lezell Balentine, a Texas prisoner sentenced to death, appeals the denial of his motion to set aside the judgment that a year earlier had denied him habeas corpus relief. We find the prior judgment should have been set aside because of a subsequent state court ruling. We REVERSE and REMAND for an evidentiary hearing on whether Balentine’s trial counsel ineffectively investigated for mitigation evidence to present during sentencing.
PROCEDURAL HISTORY
Balentine confessed that on January 21, 1998, in Amarillo, Texas, he murdered three teenagers, Mark…
2Cases cited26 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Batson v. KentuckySupreme Court of the United States · 1986
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Rose v. LundySupreme Court of the United States · 1982
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010
- Balentine v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010
- Jordan v. EppsDistrict Court, S.D. Mississippi · 2010
- Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010
12 more not listed; retrieve them via the Exa API.