Burdine v. Johnson

U.S. Court of Appeals for the Fifth Circuit December 6, 2000

Burdine v. Johnson, 262 F.3d 336 (5th Cir. 2000)

2001 WL 914267

Opinion

234 F.3d 1339 (5th Cir. 2000)

CALVIN JEROLD BURDINE, PETITIONER-APPELLEE
v.
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, RESPONDENT-APPELLANT

No. 99-21034

UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT

December 5, 2000

Robert Lee McGlasson, II (argued), Decatur, GA, Mandy Welch, Burr & Welch, Houston, TX, for Petitioner-Appellee.

Julie Caruthers Parsley (argued), Edward Larry Marshall, Austin, TX, for Respondent-Appellant.

Appeal from the United States District Court for the Southern District of Texas; David Hittner, Judge.

ON PETITION FOR REHEARING EN BANC

(Opinion October 27, 2000, 5 Cir., 2000, 231 F.3d 950)

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

BY THE COURT

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

The clerk will specify a briefing schedule for the filing of supplemental briefs.

Reference

Cited By: 5 cases
Status: Published