Decided

No. 12-5906

John Lezell Balentine v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Record returned to the U.S. District Court Northern District of Texas (one box).

JUDGMENT ISSUED.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).

DISTRIBUTED for Conference of May 30, 2013.

DISTRIBUTED for Conference of October 26, 2012.

Record received from United States District Court Northern District of Texas (1 box).

Record received from the U.S. Court of Appeals for the Fifth Circuit (1 envelope).

Record Requested .

DISTRIBUTED for Conference of September 24, 2012.

Application (12A173) granted by the Court. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

Application (12A173) referred to the Court.

Reply of petitioner John Lezell Balentine filed.

Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2012)

Application (12A173) for a stay of execution of sentence of death, submitted to Justice Scalia.

Parties

John Lezell Balentine, Petitioner, represented by Lydia M.V. Brandt

Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Edward L. Marshall

 
Last updated: February 16, 2016