CHARLES FLEMING, PETITIONER-APPELLANT,
v.
ASA KELLY, DIRECTOR, STATE BOARD OF CORRECTIONS, ATLANTA, GEORGIA, ET AL., RESPONDENTS-APPELLEES
CHARLES FLEMING, PETITIONER-APPELLANT,
ASA KELLY, DIRECTOR, STATE BOARD OF CORRECTIONS, ATLANTA, GEORGIA, ET AL., RESPONDENTS-APPELLEES
438 F.2d 1147
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
This Court, on May 9th, 1969, entered an order affirming the judgment of the trial court in this state habeas corpus ease, 438 F. 2d 1147. That judgment was based on the case of Mosley v. Smith (5 Cir.) 404 F. 2d 346. That judgment was subsequently suspended by an order of this court pending a proposed rehearing en banc of the companion case, to wit, Salisbury v. Grimes (5 Cir., 1968) 406 F. 2d 50. It now appearing that the en banc court in the Salisbury case has been dissolved, the law of this circuit stands as stated in Mosley v. Smith, supra. The judgment and order of this court, dated May 9, 1969 affirming the judgment of the trial court denying relief to appellant Fleming, is hereby reinstated.
Other
PER CURIAM:
The petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hill, 440 F.2d 34 (5th Cir. 1971)
-
Peters v. Kiff, 441 F.2d 370 (5th Cir. 1971)
Authorities Cited
- Mosley v. Lamont Smith, 404 F.2d 346 (5th Cir. 1968)
- Salisbury v. Grimes, 406 F.2d 50 (5th Cir. 1969)
- Fleming v. Asa Kelly, 438 F.2d 1147 (5th Cir. 1969)