Case Files -- Fifth Circuit Court of Appeals En Banc Opinions, Court Term 1974-1975

File — Folder: 1

Identifier: Folder 1

Staff Only

Calley v. Callaway No. 74-3471: 519 F.2d 184 (1975), cert. den. Calley v. Hoffman, 425 U.S. 911 (1976) Of the original panel, Chief Judge Brown and Judge Ainsworth had concurred in an order staying the order of release pending appeal, and Judge Thornberry had circulated a dissent, when this case was put en banc at the request of Judges Bell and Morgan. Includes proposed panel order to stay the order of release pending appeal; proposed opinion of Judge Thornberry dissenting in part and concurring in part in the panel order; TLS (2) of Chief Judge Brown on the proposed panel order; and, TLS of Judge Thornberry on his proposed dissent. Also includes TLS of Judges Bell and Morgan on the proposed panel opinion, and on en banc reconsideration as appropriate; and, memorandum of Chief Judge Brown (bearing ANS of Judge Wisdom) on motions filed in the Supreme Court and the request of the Circuit Justice that the status of the appeal be relayed to him. And includes memorandum and TLS of Chief Judge Brown on recusing himself. And includes holograph notes of Judge Wisdom on the respective positions on the merits of the judges in conference. And includes proposed dissent of Judge Bell; and, TLS of Judge Bell on revision of his dissenting opinion.