Slavin v. Curry, No. 77-2922

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore MORGAN, CLARK and TJOFLAT; PER CURIAM; At the direction of the court, counsel for defendant
Citation583 F.2d 779
Docket NumberNo. 77-2922
Decision Date06 November 1978
PartiesFrank SLAVIN, Plaintiff-Appellant, v. Tim CURRY, etc., et al., Defendants-Appellees.

Page 779

583 F.2d 779
Frank SLAVIN, Plaintiff-Appellant,
v.
Tim CURRY, etc., et al., Defendants-Appellees.
No. 77-2922.
United States Court of Appeals,
Fifth Circuit.
Nov. 6, 1978.

Frank Slavin, pro se.

Marvin Collins, Asst. Dist. Atty., Fort Worth, Tex., for Curry, Walls, Robinson, Shannon, Lindsey, Starr, Chaney.

Doug Crouch, Fort Worth, Tex., for Pringle.

Roswald E. Shrull, Fort Worth, Tex., for Kohl.

Gordon H. Rowe, Jr., Dallas, Tex., for Lon Evans.

Davis Grant, Gen. Counsel, Wayne Paris, Asst. Gen. Counsel, Austin, Tex., for defendants-appellees.

James D. Whisenand, Sp. Asst. Atty. Gen., Miami, Fla., amicus curiae for Justices, Florida Supreme Court.

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

On Petition for Rehearing and Petition for Rehearing En Banc

(Opinion 5th Cir., 1978, 574 F.2d 1256).

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

At the direction of the court, counsel for defendant, Judge Charles Lindsey, has supplied the court with documentary evidence which establishes the following facts. Following the action of the Texas Court of Criminal Appeals which vacated Frank Slavin's original conviction, he was on May 12, 1977 reindicted for the same offense with two prior felonies alleged for enhancement. On October 4, 1977 Slavin, represented by new counsel, waived a trial by jury and entered a plea of guilty before Judge Lindsey who on that same date sentenced Slavin to a term of imprisonment of not less than two nor more than four years in the Texas Department of Corrections.

Based upon these newly demonstrated facts the court withdraws as moot the paragraphs of its opinion which appear immediately following headnotes (18) and (19), 574 F.2d at 1264. Except as modified herein the remainder of the petition for rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is DENIED.

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68 practice notes
  • Emory v. Peeler, No. 83-8477
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 8, 1985
    ...prospective injunctive relief against a judicial officer acting in his judicial capacity); Slavin v. Curry, 574 F.2d 1256, 1264, modified, 583 F.2d 779 (5th Cir.1978) (judge not immune from suit for declaratory relief); United States v. McLeod, 385 F.2d 734, 738 n. 3 (5th 13 We pretermit th......
  • Greene v. Zank
    • United States
    • California Court of Appeals
    • July 23, 1984
    ...v. Breskow (7th Cir.1978) 579 F.2d 425; 430; Slavin v. Curry (5th Cir.1978) 574 F.2d 1256, 1266, mod. in part on other grounds (1978) 583 F.2d 779, overruled in part on other grounds, Sparks v. Duval County Ranch Co. Inc. (1979) 604 F.2d 976, 978; Ginger v. Wayne County Circuit Court (6th C......
  • Johnson v. Kegans, No. 87-2352
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 24, 1989
    ...Cir.1983), bar association disciplinary committee members, Slavin v. Curry, 574 F.2d 1256, 1266 (5th Cir.1978), modified on other grounds, 583 F.2d 779 (5th Cir.1978) (per curiam), rev'd sub nom. on other grounds Sparks v. Duval County Ranch Co., 604 F.2d 976 (5th Cir.1979) (en banc), the N......
  • Collin County, Texas v. Haven, Civ. A. No. CA3-84-0376-D.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • January 30, 1987
    ...v. D.J. McDuffy, Inc., 648 F.2d 340, 348 (5th Cir. 1981) (en banc) (subpart (2) decision); Slavin v. Curry, 574 F.2d 1256, 1262, modified, 583 F.2d 779 (5th Cir.1978) (same). HAVEN does not even allege the racial composition of its membership. HAVEN cannot constitute a "class" because a cla......
  • Request a trial to view additional results
68 cases
  • Emory v. Peeler, No. 83-8477
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • April 8, 1985
    ...prospective injunctive relief against a judicial officer acting in his judicial capacity); Slavin v. Curry, 574 F.2d 1256, 1264, modified, 583 F.2d 779 (5th Cir.1978) (judge not immune from suit for declaratory relief); United States v. McLeod, 385 F.2d 734, 738 n. 3 (5th 13 We pretermit th......
  • Greene v. Zank
    • United States
    • California Court of Appeals
    • July 23, 1984
    ...v. Breskow (7th Cir.1978) 579 F.2d 425; 430; Slavin v. Curry (5th Cir.1978) 574 F.2d 1256, 1266, mod. in part on other grounds (1978) 583 F.2d 779, overruled in part on other grounds, Sparks v. Duval County Ranch Co. Inc. (1979) 604 F.2d 976, 978; Ginger v. Wayne County Circuit Court (6th C......
  • Johnson v. Kegans, No. 87-2352
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 24, 1989
    ...Cir.1983), bar association disciplinary committee members, Slavin v. Curry, 574 F.2d 1256, 1266 (5th Cir.1978), modified on other grounds, 583 F.2d 779 (5th Cir.1978) (per curiam), rev'd sub nom. on other grounds Sparks v. Duval County Ranch Co., 604 F.2d 976 (5th Cir.1979) (en banc), the N......
  • Collin County, Texas v. Haven, Civ. A. No. CA3-84-0376-D.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • January 30, 1987
    ...v. D.J. McDuffy, Inc., 648 F.2d 340, 348 (5th Cir. 1981) (en banc) (subpart (2) decision); Slavin v. Curry, 574 F.2d 1256, 1262, modified, 583 F.2d 779 (5th Cir.1978) (same). HAVEN does not even allege the racial composition of its membership. HAVEN cannot constitute a "class" because a cla......
  • Request a trial to view additional results

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