West v. State of Louisiana

File — Folder: 2

Identifier: Folder 2

Staff Only

No. 72-1338; 478 F.2d 1026 (1973), vac'd 510 F.2d 363 (1975) Judge Wisdom initially circulated a proposed opinion for affirmance to which Judge Rives responded with an opinion concurring in part and concurring specially in part. Judge Wisdom revised his proposed opinion, incorporating the Rives opinion, and Judge Rives concurred. The case was voted to be reheard en banc along with Fitzgerald v. Estelle, 505 F.2d 1334. At oral argument, the judges understood counsel for appellee to state that appellee was then a fugitive. Of the two cases, therefore, Fitzgerald was chosen as the vehicle for decision. It was voted to dismiss the appeal and vacate the judgment in West, and to hold in that case according to the eventual outcome in Fitzgerald. On rehearing en banc, Judge Godbold circulated an opinion, Judge Morgan a special concurrence, and Judge Clark a dissent. Judge Clark reworked his dissent, incorporating the Morgan special concurrence in order to capture a majority. Judge Morgan filed a redrafted specially concurring opinion. Includes original proposed opinion of Judge Wisdom bearing holograph notes of Judge Rives; TLS of Judge Rives on the proposed Wisdom opinion and his concurring opinion in West, and on his proposed opinion in Fitzgerald; opinion of Judge Rives; opinion of Judge Rives bearing holograph notes and revisions of Judge Wisdom; and, TLS (2) of Judge Rives on the revised opinion of Judge Wisdom in West, on the opinions in Fitzgerald and Lane v. Attorney General, 477 F.2d 847 (1973), and referring to Cottle v. Wainwright, 477 F.2d 269 (1973). Also includes TLS of Judge Roney on his dissenting opinion and on the district court proceedings in West, and, TLS of Judge Rives on the Roney dissent. And includes TLS of Judge Godbold, TLS of Judge Gee, TLS of Judge Bell and TLS of Judge Coleman on the merits and the opinions of Judges Godbold, Clark and Morgan in Fitzgerald; TLS (2) of Judge Clark and TLS of Judge Simpson on revision of the Clark opinion by incorporation of the Morgan opinion; and, TLS of Judge Morgan on his revised opinion specially concurring. SEE ALSO Box 473, Folder 2.