Crawford v. Cain

U.S. Court of Appeals for the Fifth Circuit
Crawford v. Cain, 72 F.4th 109 (5th Cir. 2023)

Crawford v. Cain

Opinion

Case: 20-61019        Document: 00516804693              Page: 1       Date Filed: 06/29/2023




               United States Court of Appeals
                    for the Fifth Circuit                                          United States Court of Appeals

                                       ___________                                          Fifth Circuit

                                                                                          FILED
                                                                                      June 29, 2023
                                        No. 20-61019
                                       ___________                                   Lyle W. Cayce
                                                                                          Clerk
   Charles Ray Crawford,

                                                                    Petitioner—Appellant,

                                             versus

   Burl Cain, Commissioner, Mississippi Department of Corrections;
   Earnest Lee, Superintendent, Mississippi State Penitentiary,

                                              Respondents—Appellees.
                     ______________________________

                     Appeal from the United States District Court
                       for the Northern District of Mississippi
                               USDC No. 3:17-CV-105
                     ______________________________

                ON PETITION FOR REHEARING EN BANC

       (Opinion December 15, 2022, 5 Cir., 2022, 
55 F.4th 981
, Withdrawn)
                (Opinion May 19, 2023, 5 Cir., 2023, 
68 F.4th 273
)

   Before Richman, Chief Judge, and Jones, Smith, Stewart,
   Elrod, Southwick, Haynes, Higginson, Willett, Ho,
   Duncan, Engelhardt, Oldham, Wilson, and Douglas,
   Circuit Judges.



           
             Judge James E. Graves, Jr. did not participate in the consideration of the
   rehearing en banc.
Case: 20-61019     Document: 00516804693           Page: 2   Date Filed: 06/29/2023

                                    No. 20-61019




   Per Curiam:
          A majority of the circuit judges in regular active service and not
   disqualified having voted in favor, on the Court’s own motion, to rehear this
   case 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. Pursuant to
   5th Circuit Rule 41.3, the panel opinion in this case dated May 19, 2023, is
   VACATED.




                                         2


Reference

Cited By
2 cases
Status
Published