U.S. Court of Appeals for the Fifth Circuit, 2015

Gerald Eldridge v. William Stephens, Director

U.S. Court of Appeals for the Fifth Circuit · Decided July 2, 2015 · Owen, Per Curiam, Southwick, Stewart

608 F. App'x 289

Counsel

Lee Harper Wilson, Counsel, Houston, TX, Lee Benjamin Kovarsky, Esq., University of Maryland Law School, Baltimore, MD, for Petitioner-Appellant., Jennifer Wren Morris, Office of the Attorney General, Austin, TX, for Respondent-Appellee.

Cases that cite this one

2 later published cases cite this decision.

Gerald Eldridge v. Lorie Davis, Director (5th Cir. 2016)
In re Roman Catholic Church of the Archdiocese of New Orleans (United States District Court Eastern District of Louisiana 2023)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM: *

We deny the petition for rehearing filed by the Appellant. However, we withdraw the opinion that was issued January 16, 2015, and substitute the following opinion:

Gerald Cornelius Eldridge seeks a certificate of appealability (COA) on the issue of his competence to be executed under Ford v. Wainwright 1 and Panetti v. Quarterman. 2 We conclude that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” 3 Accordingly, we grant the request for a COA on the issue of Eldridge’s competence to be executed and more specifically grant his request to appeal (1) the January 31, 2013 Memorandum and Order dismissing Eldridge’s Amended Petition for a Writ of Habeas Corpus; (2) the June 28, 2013 Order denying Eldridge’s motion to Alter Judgment; and (3) the August 28, 2013 Order denying Eldridge’s Motion to Reopen Judgment.

The issues in this case have been briefed extensively in conjunction with the application in this court for a COA. Eldridge’s appellant’s brief should be filed on or before July 30, 2015. The response of the State shall be filed on or before August 28, 2015. Eldridge’s reply brief shall be filed no later than 20 days after the date that the State’s response is filed.

* * *

Eldridge’s application for a COA is GRANTED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth' in 5th Cir. R. 47.5.4.

. 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986).

. 551 U.S. 930, 127 S.Ct. 2842, 168 L.Ed.2d 662 (2007).

. Hearn v. Thaler, 669 F.3d 265, 271 (5th Cir. 2012) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

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