Legal Opinion

Richard Winfrey, Jr. v. San Jacinto County

Court of Appeals for the Fifth Circuit

Decided August 20, 2018No. 16-20702PublishedCited by 141 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Treating Defendant-Appellee Lenard Johnson's petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The petition for rehearing en banc is also DENIED. The prior opinion, Winfrey v. Rogers , 882 F.3d 187 (5th Cir. 2018), is withdrawn, and the following opinion is substituted. The modifications to the original opinion are minor and do not affect the substance or outcome of the earlier opinion, except in Part III.A, which now holds that Johnson's omission of the fact that the blood and hair found at the crime…

2Cases cited39 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Illinois v. GatesSupreme Court of the United States · 1983
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by141 opinions

  1. Thompson v. ClarkSupreme Court of the United States · 2022
  2. Johnson v. Harris CountyCourt of Appeals for the Fifth Circuit · 2023
  3. Blanca Arizmendi v. Brownsville Indep Sch DistCourt of Appeals for the Fifth Circuit · 2019
  4. LeRod Butler v. City of Detroit, Mich.Court of Appeals for the Sixth Circuit · 2019
  5. Wilson v. StromanCourt of Appeals for the Fifth Circuit · 2022

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