BARRIE DEON SHELTON, PETITIONER-APPELLEE,
v.
JACK B. HEARD, RESPONDENT-APPELLEE

5th Cir. | 1983-06-16
No. 82-2226
Before CLARK, Chief Judge, and POL-ITZ and HIGGINBOTHAM, Circuit Judges.
707 F.2d 200 Court of Appeals for the Fifth Circuit (1983) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court corrects a typographical error in a prior opinion and withdraws a subsequent reconsideration opinion that improperly emphasized the error.


Facts & Procedural History

The court issued an initial opinion, then a sua sponte reconsideration opinion which contained a typographical error regarding a filing date. This rec…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

The initial opinion in this case was dated February 3, 1983. On April 18, 1983, we issued an additional opinion on sua sponte reconsideration. Both are published at 696 F. 2d 1127 (5th Cir.1983). The original February 3, 1983 opinion contained a typographical error relative to the date of filing the complete trial court record in the Texas Court of Criminal Appeals. The opinion stated that date to be February 14, 1981. The correct date was February 14, 1980.

In our sua sponte reconsideration, we took note of what we referred to as “the unexplained 16-month hiatus between the date the record was completed in Shelton’s case and the date it was filed in the Texas Court of Criminal Appeals.” Thus, the typographical error in the original opinion was improperly emphasized in the opinion on reconsideration.1 Fortunately, the error does not affect the result of the court’s initial opinion. By this further reconsideration, we correct the typographical error in our original opinion dated February 3,1983, and withdraw the opinion on sua sponte reconsideration dated April 18, 1983.

. In explanation of, but not as an excuse for, the court’s action, we would note that neither party called our attention to the typographical error in the original opinion until the opinion on sua sponte reconsideration had been issued.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw