Legal Opinion

Albert H. Carter v. W.J. Estelle, Jr., Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided November 18, 1982No. 80-1981PublishedCited by 18 opinions

1Opinion of the Court

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

Before POLITZ and RANDALL, Circuit Judges, and PARKER * , District Judge. RANDALL, Circuit Judge:

On petition for panel rehearing and rehearing en banc, the State of Texas has asked us to reconsider our panel holding, 677 F.2d 427 (5th Cir. 1982), in the light of the Supreme Court’s recent decision in Tibbs v. Florida, - U.S. -, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).' We are in agreement with the State that Tibbs has had a significant impact in the law of double jeopardy. As a result, we take this opportunity to modify several…

2Cases cited39 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Tibbs v. FloridaSupreme Court of the United States · 1982
  4. United States v. ScottSupreme Court of the United States · 1978
  5. Greene v. MasseySupreme Court of the United States · 1978

34 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001
  2. Kenneth Wayne Dupuy v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, RespondentCourt of Appeals for the Fifth Circuit · 1988
  3. Charlie Young, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, Joseph H. Briley, District Attorney of Ocmulgee CircuitCourt of Appeals for the Eleventh Circuit · 1985
  4. James Ray Young v. James A. Lynaugh, Interim Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
  5. State v. OgleOhio Court of Appeals · 2013

13 more not listed; retrieve them via the Exa API.

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