Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1970-1971

File — Folder: 1

Identifier: Folder 1

Staff Only

Hoover v. Beto No. 29,587; 467 F.2d 516 (1972), rev'g 439 F.2d 913 (1971),cert. den. Hoover v. Estelle, 409 U.S. 1086 (1972) Chief Judge Brown requested an en banc poll in a letter to which Judges Rives and Simpson objected on procedural grounds. The poll, however, went ahead. After a vote in favor of the en banc rehearing, Chief Judge Brown requested the Texas Attorney General to file supplemental briefs. To this Judge Simpson also objected, and requested that the decision to grant en banc rehearing be reconsidered. Judge Rives then suggested that in proceeding as he had, Chief Judge Brown had become ineligible to sit on the en banc court. He suggested in addition that the en banc court had been constituted unlawfully, and that the court's order granting rehearing should be vacated. Judge Bell then requested another en banc poll, and the Rives suggestion was not followed. Rather, the court would consider the case en banc, with Chief Judge Brown recused. Judge Rives' panel opinion would be reversed, and Judge Rives would dissent, in an opinion which, as subsequently revised, Judge Wisdom would be shown as joining. Includes TLS of Judge Nichols on the merits on petition for rehearing. Also includes TLS of Chief Judge Brown on the proposed panel opinion of Judge Rives and on en banc reconsideration in Hoover as appropriate; and, TLS of Judge Simpson and TLS of Judge Rives on the en banc request of Chief Judge Brown. And includes TLS (2) of Chief Judge Brown on supplemental briefs as warranted and TLS of Judge Simpson on this request. And includes TLS (2) of Judge Simpson and TLS (3) of Judge Rives on the Brown request and on the positions of each of them as to the Brown request. And includes TLS of Judge Bell on the position of Judge Rives and on en banc reconsideration of Hoover by the court as appropriate; and, TLS of Judge Simpson and TLS of Judge Rives on the en banc request of Judge Bell. And includes TLS of Judge Ingraham on the question of Chief Judge Brown's disqualification. And includes TLS of Judge Clark on the opinion proposed by Judge Ainsworth; and, TLS of Judge Rives on the Ainsworth opinion and his own dissenting opinion to be written. And includes TLS of Judge Rives on his position in these proceedings en banc and his dissenting opinion as first proposed; and, TLS of Judge Goldberg, TLS of Judge Simpson, TL of Judge Wisdom and TLS of Chief Judge Brown on the Rives dissent as first proposed. And includes TLS of Judge Rives on the merits and his opinion; and, TLS of Judge Rives on revision of his opinion.