Legal Opinion
Moody v. Rodriguez
Court of Appeals for the Fifth Circuit
Decided January 12, 1999No. 99-50010PublishedCited by 14 opinions
1Per curiam
After his unsuccessful state and federal habeas challenges and after being denied clemency by the Board of Pardons and Paroles, Moody resorted to filing this § 1983 claim against the Board only three hours before his scheduled execution. The district court granted the defendants’ motion for summary judgment, finding that “the Texas clemency procedure provides the minimal procedural safeguards required by federal law.” Moody v. Rodriguez, Civ. No. A-99CA-006 JN, at 2 (W.D.Tex. Jan. 5, 1999).
As this court recently held:
Federal courts lack jurisdiction to stay executions under § 1983. See 28…
2Cases cited4 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Ohio Adult Parole Authority v. WoodardSupreme Court of the United States · 1998
- Cook v. Texas Department of Criminal Justice Transitional Planning DepartmentCourt of Appeals for the Fifth Circuit · 1994
- Buchanan v. GilmoreCourt of Appeals for the Fourth Circuit · 1998
3Cited by14 opinions
- Gilreath v. State Board of Pardons & ParolesCourt of Appeals for the Eleventh Circuit · 2001
- Faulder v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Martinez v. Texas Court of Criminal AppealsCourt of Appeals for the Fifth Circuit · 2002
- Beets v. Texas Board of Pardons & ParolesCourt of Appeals for the Fifth Circuit · 2000
- Young v. GutierrezCourt of Appeals for the Fifth Circuit · 2018
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