Shirley Kramer, Petitioner-Appellee, v. Tom Price, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas, Respondents-Appellants., 723 F.2d 1164 (5th Cir. 1984)

Federal Circuits, 5th Cir. (January 30, 1984)

Docket number: 82-1185

Permanent Link: http://vlex.com/vid/shirley-kramer-tom-price-carl-dallas-37646359
Id. vLex: VLEX-37646359

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U.S. Court of Appeals for the 5th Cir. - Shirley Kramer, Petitioner-Appellee, v. Tom Price, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas, Respondents-Appellants., 712 F.2d 174 (5th Cir. 1983)

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U.S. Court of Appeals for the 6th Cir. - Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. Helen Robinson, Personal Representative of the Estate of William Robinson, Deceased, Plaintiff-Appellant, v. the Township of Waterford, Waterford Township Police Department, William Stokes, Officer Bailey, Officer T. Tarpening, Peter Donlin, Walter Bedell, the County of Oakland, Oakland County Sheriff'S Department, and Johannes Spreen, Defendants-Appellees., 883 F.2d 75 (6th Cir. 1989)

U.S. Court of Appeals for the 5th Cir. - Cispes (Committee in Solidarity With the People of El Salvador), Et Al., Plaintiffs-Appellants, v. Federal Bureau of Investigation, Et Al., Defendants-Appellees., 770 F.2d 468 (5th Cir. 1985)

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Text:

Douglas M. Becker, Charles A. Palmer, Asst. Attys. Gen., Austin, Tex., for respondents-appellants.

Paul H. Chitwood, Dallas, Tex., for petitioner-appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before CLARK, Chief Judge, BROWN, WISDOM, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:

After the panel decision in this case, reported at 712 F.2d 174 (5th Cir.1983), was vacated by our grant of rehearing en banc, the Texas statute at issue was repealed and replaced by another differing from it in many respects--one that it appears would not bear on Kramer's conduct which resulted in her conviction. We are aware of no other case involving the constitutionality of the earlier, now-repealed statute. In view, therefore, of the limited scope of action remaining open to us after this development, we affirm the judgment of the district court but without approving or adopting its rationale.

AFFIRMED.

WISDOM, Circuit Judge, concurring:

I concur in the sound result reached by this Court en banc. I feel compelled to say, however, that my concurrence is not a recantation of the views I expressed in the panel opinion.