Kramer v. Price

Decision Date21 September 1983
Docket NumberNo. 82-1185,No. 5,5,82-1185
Citation716 F.2d 284
PartiesShirley KRAMER, Petitioner-Appellee, v. Tom PRICE, Judge, County Criminal Court, and Carl Thomas, Sheriff, Dallas County, Texas, Respondents-Appellants.
CourtU.S. Court of Appeals — Fifth Circuit

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for respondents-appellants.

Paul J. Chitwood, Dallas, Tex., for petitioner-appellee.

Appeal from the United States District Court for the Northern District of Texas.

ON SUGGESTION FOR REHEARING EN BANC

(Opinion August 15, 1983, 5 Cir., 1983, 712 F.2d 174)

Before CLARK, Chief Judge, BROWN, WISDOM, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS,

GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested a poll on the application 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 the 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.

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15 cases
  • Sanchez v. State
    • United States
    • Texas Court of Appeals
    • May 20, 1998
    ... ... is capable of reaching First Amendment freedoms, the doctrine of vagueness demands a greater degree of specificity than in other contents." Kramer v. Price, 712 F.2d 174, 177 (5th Cir.1983), rehearing en banc granted, 716 F.2d 284 (5th Cir.1983), grant of relief aff'd, 723 F.2d 1164 (5th ... ...
  • INTERN. CAUCUS OF LABOR COM. v. Dade County, Fla.
    • United States
    • U.S. District Court — Southern District of Florida
    • October 17, 1989
    ... ... words in common usage if the statute uses them according to their everyday meaning not as terms of art." CISPES, 770 F.2d at 477 (citing Kramer v. Price, 712 F.2d 174, 179 (5th Cir.1983) (Rubin, J., dissenting), reh'g granted, 716 F.2d 284 (5th Cir.1983), aff'd on other grounds on reh'g, ... ...
  • Karenev v. State
    • United States
    • Texas Court of Criminal Appeals
    • April 22, 2009
    ... ... Discussing and relying upon the Fifth Circuit's decision in Kramer v. Price, 7 and our decisions in May v. State 8 and Long v. State, 9 the court of appeals held that the portion of the harassment statute under ... ...
  • Scott v. The State Of Tex.
    • United States
    • Texas Court of Criminal Appeals
    • October 6, 2010
    ... ... Crim. D.A., San Antonio, Jeffrey L. Van Horn, State's Attorney, Austin, for State. HOLCOMB, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined. The court of appeals held that two subsections of our harassment statute, Texas Penal ... A. Prior Texas Cases Our decisions in Long v. State 1 and May v. State, 2 and the Fifth Circuit's decision in Kramer v. Price, 3 set the backdrop for the 322 S.W.3d 672 claim we now face. 4 These decisions invalidated statutes that contained the terms annoy ... ...
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