John Galbraith v. William Stephens, Director

Filing

NON DISPOSITIVE UNPUBLISHED OPINION FILED. Judge: PEH , Judge: CH , Judge: JEG; denying as moot letter request to file rehearing en banc out of time filed by Appellant Mr. John Paul Galbraith [8528809-2]; granting in part and denying in part motion for certificate of appealability filed by Appellant Mr. John Paul Galbraith [7995003-2]; granting motion for reconsideration filed by Appellant Mr. John Paul Galbraith [8354219-2] [15-40596]

Case: 15-40596

Document: 00514057083

Page: 1

Date Filed: 06/30/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 15-40596
JOHN PAUL GALBRAITH,

FILED
June 30, 2017
Lyle W. Cayce
Clerk

Petitioner - Appellant
v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent - Appellee

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:11-CV-756
Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
The Court sua sponte vacates the November 22, 2016 order denying
petitioner’s motion for reconsideration of his motion for certificate of
appealability (COA), styled as “Petition for Rehearing En Banc With
Suggestions in Support,” and hereby GRANTS reconsideration. The Court
further directs that petitioner’s unfiled second “Request to File a Petition for
Rehearing En Banc Out of Time” be treated as a supplemental brief in support
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 15-40596

Document: 00514057083

Page: 2

Date Filed: 06/30/2017

No. 15-40596
of a COA.

Accordingly, we DENY “Petitioner’s Letter Request to File

Rehearing En Banc Out of Time” as moot. We GRANT a COA for issue (1) that
a juror was biased and trial and appellate counsel were ineffective for failing
to raise the issue. We affirm the DENIAL of a COA as to all remaining issues.
The clerk is directed to issue a briefing notice.

2