Shute v. State of Texas

REVISED IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ No. 96-20194 _______________ JOHN LEE SHUTE, Petitioner-Appellant, VERSUS STATE OF TEXAS and TOMMY THOMAS, Respondents-Appellees. _________________________ Appeal from the United States District Court for the Southern District of Texas _________________________ July 3, 1997 ON REHEARING Before REYNALDO G. GARZA, SMITH, and EMILIO M. GARZA, Circuit Judges. JERRY E. SMITH, Circuit Judge: Since the panel opinion was issued in this case, see Shute v. Texas,

113 F.3d 56

(5th Cir. 1997), the Supreme Court has held §§…