IN RE WILSON

Citator

Cited By

• Selvage v. Collins, 494 U.S. 108 (U.S. 1990)
  …laim based upon arguments later accepted in Penry v. Lynaugh, 492 U. S. 302 (1989), and if not, would the application of a procedural bar to the claim result in a ‘fundamental miscarriage of justice,’ Smith v. Murray, 477 U. S. 527, 537-538 (1986)?” 493 U. S. 888 (1989). Petitioner contended in his brief and in his oral argument that his claim for relief based on Penry would no longer be deemed procedurally barred by the Texas Court of Criminal Appeals. The Director of the Texas Department of Criminal Justi…
• United States v. Pineda-Ortuno, 952 F.2d 98 (5th Cir. 1992)
  …aring en banc has been granted in that case. 943 F. 2d 6 (5th Cir.1991). Therefore, the panel decision is vacated and of no precedential value. 5th Cir.R. 41.3; Selvage v. Lynaugh, 842 F. 2d 89, 91 (5th Cir.), cert. granted in part on other grounds, 493 U.S. 888, 110 S.Ct. 231, 107 L.Ed.2d 182 (1988), vacated, 494 U.S. 108, 110 S.Ct. 974, 108 L.Ed.2d 93 (1989); Hooten v. Jenne, 786 F. 2d 692, 695 (5th Cir.1986). In any event, Pierre is distinguishable, because the issue in that case was whether the defendan…