Cases

C. A. 5th Cir. Certiorari denied.

626 F.3d 842 (2010) John Lezell BALENTINE, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 09-70026. United States Court of Appeals, Fifth Circuit. November 17, 2010. *843 Lydia M. Brandt (argued), Brandt Law Firm, P.C., Richardson,

E. GRADY JOLLY, Circuit Judge: This court authorized James Lee Henderson, a Texas death row inmate, to file a successive federal habeas petition to assert a claim that he is mentally retarded and thus ineligible for execution under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). In our order authorizing the filing, we noted that, unless the doctrine of equitable tolling applies, Henderson’s

LESLIE H. SOUTHWICK, Circuit Judge: The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R.App. P. And 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. Voting against en banc rehearing were: Chief Judge Edith H. Jones, Judge Carolyn Dineen King, Judge E.

609 F.3d 729 (2010) John Lezell BALENTINE, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 09-70026. United States Court of Appeals, Fifth Circuit. June 18, 2010. *731 Lydia M. Brandt (argued), Brandt Law Firm, P.C., Richardson, TX,

625 F.3d 229 (2010) Virgilio MALDONADO, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 10-70003. United States Court of Appeals, Fifth Circuit. October 29, 2010. *231 Layne E. Kruse (Court-Appointed), Darryl Wade Anderson (argued),

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 The prior opinion is withdrawn, and this opinion is substituted.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 Rul

LESLIE H. SOUTHWICK, Circuit Judge: John Lezell Balentine, a Texas prisoner sentenced to death, appeals the denial of his motion to set aside the judgment that a year earlier had denied him habeas corpus relief. We find the prior judgment should have been set aside because of a subsequent state court ruling. We REVERSE and REMAND for an evidentiary hearing on whether Balentine’s trial counsel ineffectively investigated for mi

662 F.Supp.2d 684 (2009) Virgilio MALDONADO, Petitioner, v. Rick THALER,[1] Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. Civil Action No. H-07-2984. United States District Court, S.D. Texas, Houston Division. September 24, 2009. *689 Layne Edwin Kruse, Fulbright and Ja

616 F.3d 461 (2010) Milton Wuzael MATHIS, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. No. 08-70021. United States Court of Appeals, Fifth Circuit. August 20, 2010. *464 Stephen Arthur Doggett (Court-Appointed), Richmond, TX, Lee Ben

REVISED NOVEMBER 26, 2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 10-70003 October 29, 2010

EMILIO M. GARZA, Circuit Judge: Petitioner Rickey Lynn Lewis filed a successive federal habeas petition, contending he is mentally retarded and ineligible for execution under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding that execution of mentally retarded criminals is “cruel and unusual punishment” prohibited by Eighth Amen

Case: 25-50714 Document: 109-1 Page: 1 Date Filed: 08/06/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED

EDITH BROWN CLEMENT, Circuit Judge: Yokamon Laneal Hearn was charged in Texas state court with the murder of Joseph Franklin Meziere. A jury found Hearn guilty of murder committed in the course of a kidnapping and robbery — a capital offense — and the state court sentenced him to death based on the jury’s verdict on the two special issues at sentencing. Hearn petitioned unsucces

REVISED October 31, 2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 9, 2012 No. 12-70031

Case: 11-70031 Document: 00511960177 Page: 1 Date Filed: 08/17/2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 17, 2012 No. 11-70031 Ly

REVISED October 22, 2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 9, 2012 No. 12-70031 Ly

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 17, 2010 Nos. 05-70028 and 09-70018 Lyle W. Cayce Clerk FELIX ROCH

KING, Circuit Judge: Petitioner Jonathan Marcus Green was convicted of capital murder and sentenced to death in Texas state court on July 17, 2002. Petitioner challenged in state court his competency to be executed. A competency hearing was held on June 28, 2010. Petitioner testified and presented expert testimony as well as voluminous medical records. Respondent stipulated to the accuracy of these records and that any fact

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED December 17, 2010 Nos. 05-70028 and 09-70018 Lyle W. Cayce Clerk FELIX ROCH