Opinion · Court of Appeals for the Fifth Circuit
Fleming v. Kelly
438 F.2d 1147
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1971-02-09
- Topic
- general
PER CURIAM: This Court, on May 9th, 1969, entered an order affirming the judgment of the trial court in this state habeas corpus ease, 438 F.2d 1147. That judgment was based on the case of Mosley v. Smith (5 *1148Cir.) 404 F.2d 346. That judgment was subsequently suspended by an order of this court pending a proposed rehearing en banc of the companion case, to wit, Salisbury v. Grimes (5 Cir., 1968) 406 F.2d 50.
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FLEMING v. KELLY,438 F.2d 1147(5th Cir. 1971)
Charles FLEMING, Petitioner-Appellant, v. Asa KELLY, Director, State Board
of Corrections, Atlanta, Georgia, et al., Respondents-Appellees.
No. 26872.
United States Court of Appeals, Fifth Circuit.
February 9, 1971.
Rehearing Denied and Rehearing En Banc Denied April 7, 1971.
Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Marion O. Gordon, Asst. Attys. Gen., Atlanta, Ga., for respondents-appellees.
Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC