Opinion
No. 20-61019
06-29-2023
Charles Ray CRAWFORD, Petitioner—Appellant, v. Burl CAIN, Commissioner, Mississippi Department of Corrections; Earnest Lee, Superintendent, Mississippi State Penitentiary, Respondents—Appellees.
Vanessa Carroll, Southern Center for Human Rights, Atlanta, GA, for Petitioner-Appellant. Bridgette Grant, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Respondents-Appelllees. Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, Rebecca Louise Hudsmith, Esq., Federal Public Defender, Federal Public Defender's Office, Middle & Western Districts of Louisiana, Omodare Jupiter, Esq., Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Mississippi, Jackson, MS, Claude John Kelly, III, Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, John Dale McElroy, Assistant Federal Public Defender, Federal Defender's Office, Eastern District of Texas, Beaumont, TX, Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Amicus Curiae Fifth Circuit Federal Public Defender Offices.
Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:17-CV-105, Sharion Aycock, U.S. District Judge ON PETITION FOR REHEARING EN BANC (Opinion December 15, 2022, 5 Cir., 2022, 55 F.4th 981, Withdrawn) (Opinion May 19, 2023, 5 Cir., 2023, 68 F.4th 273) Vanessa Carroll, Southern Center for Human Rights, Atlanta, GA, for Petitioner-Appellant. Bridgette Grant, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Respondents-Appelllees. Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, Rebecca Louise Hudsmith, Esq., Federal Public Defender, Federal Public Defender's Office, Middle & Western Districts of Louisiana, Omodare Jupiter, Esq., Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Mississippi, Jackson, MS, Claude John Kelly, III, Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, John Dale McElroy, Assistant Federal Public Defender, Federal Defender's Office, Eastern District of Texas, Beaumont, TX, Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Amicus Curiae Fifth Circuit Federal Public Defender Offices. Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges. Per Curiam:
JUDGE JAMES E. GRAVES, JR. did not participate in the consideration of the rehearing en banc.
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, 2028, is VACATED.