Opinion · Court of Appeals for the Fifth Circuit

Joe Henry Hodges v. United States

Joe Henry Hodges v. United States, 409 F.2d 845 (5th Cir. 1969)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1969-04-28
Topic
general

PER CURIAM: The judgment of the district court is reversed and the case is remanded for a new trial in light of Blake v. United States 5 Cir., 1969, 407 F.2d 908 (En Banc). The Blake definition of insanity was given prospective application only except as to cases on appeal on the date Blake was rendered, February 12, 1969. This reference was to cases on direct appeal and this case falls into that category. Reversed and remanded.

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6 opinions
HODGES v. UNITED STATES,409 F.2d 845(5th Cir. 1969)
Joe Henry HODGES, Appellant, v. UNITED STATES of America, Appellee.
No. 26210.
United States Court of Appeals, Fifth Circuit.
April 28, 1969.
Appeal from the United States District Court for the Southern District of Texas.
Dennis G. Brewer, Irving, Tex., for appellant.

Anthony J.P. Farris, U.S. Atty., George R. Pain, James R. Gough, Donald L. Stone, Asst. U.S. Attys., Houston, Tex., for appellee.
Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.
PER CURIAM:
The judgment of the district court is reversed and the case is remanded for a new trial in light of Blake v. United States 5 Cir., 1969,407 F.2d 908(En Banc). TheBlakedefinition of insanity was given prospective application only except as to cases on appeal on the dateBlakewas rendered, February 12, 1969. This reference was to cases on direct appeal and this case falls into that category.

Reversed and remanded.Page 847