Soffar v. Johnson

Decision Date31 May 2001
Docket NumberNo. 98-20385,98-20385
Citation253 F.3d 227
Parties(5th Cir. 2001) MAX ALEXANDER SOFFAR, Petitioner-Appellant v. GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee
CourtU.S. Court of Appeals — Fifth Circuit

Appeal from the United States District Court for the Southern District of Texas

ON PETITION FOR REHEARING EN BANC

(Opinion December 21, 2000, 5 Cir., 2000, 237 F.3d 411)

Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc filed by Gary L. Johnson, and a majority of the judges in active service having voted in favor of granting the rehearing 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.

To continue reading

Request your trial
9 cases
  • Jackson v. Litscher
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • March 19, 2002
    ... ... 3 ... Page 859 ...         In Soffar v. Johnson, 237 F.3d 411 (5th Cir.2000), petition for rehearing en banc granted, 253 F.3d 227 (5th Cir.2001), the defendant asked the ... ...
  • Soffar v. Cockrell
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 29, 2002
    ... ... § 2254. A panel of this court, construing Soffar's petition as a request for a certificate of appealability ("COA") under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. 104-132, 110 Stat. 1269, granted him a COA on three of his claims. See Soffar v. Johnson, 237 F.3d 411 (5th Cir.2000), reh'g en banc granted, 253 F.3d 227 (5th Cir.2001). The panel resolved one of Soffar's claims on the merits, concluding that he had made a substantial showing of the denial of his Fifth Amendment rights. The panel granted Soffar habeas relief on this issue, holding ... ...
  • Burdine v. Johnson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • August 13, 2001
    ... ... See note 32, supra. TheJackson exception has not been applied since Jackson was decided in July 2000, although it was cited in Clark v. Johnson, 227 F.3d 273, 283 n.4 (5th Cir. 2000), cert. denied, 121 S. Ct. 1129 (2001). Cf.Soffar v. Johnson, 237 F.3d 411, 450, 452 (5th Cir. 2000) (citingJackson, but referring to "either of the two exceptions to nonretroactive applicability"), vacated, 253 F.3d 227 (5th Cir. 2001) ...          Moreover, to accept Burdine's contention that the Jacksonexception applies because he ... ...
  • U.S. v. Solis
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 18, 2002
    ... ... See Baptiste, 264 F.3d at 586 n. 6 ... 10. United States v. Johnson, 91 F.3d 695, 697 (5th Cir.1996) (quoting United States v. Lanza, 260 U.S. 377, 382, 43 S.Ct. 141, 67 L.Ed. 314 (1922)) ... 11. United States ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT