U.S. Court of Appeals for the Fifth Circuit, 2011

Lacaze v. Warden Louisiana Correctional Institute for Women

Lacaze v. Warden Louisiana Correctional Institute for Women
U.S. Court of Appeals for the Fifth Circuit · Decided August 2, 2011 · Wiener, Smith, Elrod
647 F.3d 1175; 2011 U.S. App. LEXIS 17670; 2011 WL 3300677 (Federal Reporter, Third Series)

Lacaze v. Warden Louisiana Correctional Institute for Women

Opinion

ON PETITION FOR REHEARING EN BANC

PER CURIAM:

Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. No member of the panel nor judge in regular active service of the court having requested that the court be polled on Rehearing En Banc (Fed. R.App. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED.

The opinion is amended as follows. The sentence that previously read: “But even that standard, which requires that the evidence probably undermined the result, is not the same as the lesser standard in Kyles, which requires only that the evidence could have undermined the result” is hereby removed from the opinion.

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