Luna v. Beto, 1963

File — Folder: 3

Identifier: Folder 3

Staff Only

No. 23,313; 395 F.2d 35 (1963), cert. den. 394 U.S. 966 (1969) En Banc. The proposed opinion to reverse of Judge Rives was contrary to the judges' agreement at conference, and the ensuing dissent of Judge Connally prompted Chief Judge Brown to request an en banc court. Includes proposed opinion of Judge rives for the panel; TLS of Judge Rives on his proposed opinion for the panel as opposed to the judges' conference agreement; TL of Judge Connally and TLS of Judge Rives on the merits and hte Connally dissent; TLS of Judge Rives on hte mertis on petition for rehearing; and, TLS of Chief Judge Brown on rehearing en banc as appropriate. Also includes TLS of Judge Coleman on the merits and the en banc request; and, other correspondence of the judges on the en banc request. And includes TLS of Judge Rives on the en banc court called in this case and on en banc hearings and retired judges, generally, and referring to Jackson v. United States, 366 F.2d 34 (1966), Rabinowitz v. United States, 366 F.2d 34 (1966), Broussard v. Houston Independent School District, 395 F.2d 817, rein. den. 403 F.2d 34 (1968), Price v. Wirtz, 412 F.2d 647 (1969) and United States v. Jefferson County Board of Education, 372 F.2d 836 (1966), aff'd 380 F.2d 385, cert. den. 389 U.S. 840, reh. den. 389 U.s. 965 (1967), and Edwards v. United States 334 F.2d 360 (1964). See also 112:3; 119:6; 455:7; 455:10.