Legal Opinion
Sammie Felder, Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided December 14, 1982No. 82-2025PublishedCited by 33 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
I. Introduction:
This is an appeal by the State of Texas from an order dismissing a prisoner’s application for a writ of habeas corpus without prejudice in order to permit him to exhaust his state remedies. The State claims that the court below erred in refusing to accept the State’s explicit waiver of the exhaustion of state remedies requirement. For the reasons outlined below, we reverse and remand.
II. Facts and Disposition Below:
Sammie Felder was convicted of capital murder in 1976 and was sentenced to death. In 1980, following rejection of his appeals in the state…
2Cases cited25 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Rose v. LundySupreme Court of the United States · 1982
- Fay v. NoiaSupreme Court of the United States · 1963
- Hilton v. GuyotSupreme Court of the United States · 1895
- Darr v. BurfordSupreme Court of the United States · 1950
20 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Conrado Vela v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
- William Lee Thompson v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
- Robert Walberg v. Thomas IsraelCourt of Appeals for the Seventh Circuit · 1985
- Johnny Mack Westbrook v. Walter B. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
28 more not listed; retrieve them via the Exa API.