BALENTINE v. THALER

No. 09-70026.

629 F.3d 470 (2010)

John Lezell BALENTINE, Petitioner-Appellant, v. Rick THALER, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Revised December 30, 2010.


Attorney(s) appearing for the Case

Lydia M. Brandt (argued), Brandt Law Firm, P.C., Richardson, TX, for Petitioner-Appellant.

Katherine Diane Hayes Asst. Atty. Gen. (argued), Office of Atty. Gen., Postconviction Lit. Div., Austin, TX, Sean Daniel Jordan , Deputy Solicitor Gen., James Patrick Sullivan , Asst. Solicitor Gen., Austin, TX, for Respondent-Appellee.

Before STEWART, OWEN and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

The court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor (FED. R.APP. P. AND 5TH CIR. R. 35), the Petition for Rehearing En Banc is DENIED.

Voting against en banc rehearing were: Chief Judge Edith H. Jones, Judge Carolyn Dineen King, Judge E. Grady Jolly, Judge W. Eugene Davis, Judge Jerry E...

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