Legal Opinion

Balentine v. Thaler

Court of Appeals for the Fifth Circuit

Decided November 17, 2010No. 09-70026PublishedCited by 56 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

No judge in active service on this court requested that the court be polled in response to the petition for rehearing en banc. The petition is denied. The petition for rehearing by the panel is GRANTED. The prior opinion is withdrawn, and this opinion is substituted.

John Lezell Balentine, a Texas prisoner sentenced to death, appeals the district court’s denial of his Rule 60(b) motion to set aside that court’s 2009 judgment. We initially held his arguments to be valid. Balentine v. Thaler, 609 F.3d 729 (5th Cir.2010). On rehearing, we conclude that a ruling…

2Cases cited29 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Coleman v. ThompsonSupreme Court of the United States · 1991
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. Lockett v. OhioSupreme Court of the United States · 1978

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3Cited by56 opinions

  1. Anibal Canales, Jr. v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2014
  2. Felix Rocha v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2010
  3. Terry Edwards v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2017
  4. Kathrein v. City of EvanstonCourt of Appeals for the Seventh Circuit · 2011
  5. Lisa Coleman v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2014

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

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