Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

	ROMINGER LEGAL
		Fifth Circuit Court of Appeals Opinions - 5th Circuit
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -CLICK HERE

This opinion or court case is from the Fifth Circuit Court or Appeals. Search our site for more cases - CLICK HERE

LEGAL RESEARCH

COURT REPORTERS

PRIVATE INVESTIGATORS

PROCESS SERVERS

DOCUMENT RETRIEVERS

EXPERT WITNESSES

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

Legal News - Legal Headlines

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
June 25, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 01-41389
MICHAEL WAYNE HALEY,
Petitioner-Appellee,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, CORRECTIONAL
INSTITUTIONS DIVISION,
Respondent-Appellant.
Appeal from the Untied States District Court
for the Eastern District of Texas
__________________________________________
ON REMAND FROM THE UNITED STATES SUPREME COURT
Before DeMOSS, STEWART, and DENNIS, Circuit Judges.
CARL E. STEWART, Circuit Judge:
On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit, the United
States Supreme Court by an Opinion entered May 3, 2004, in 124 S.Ct. 1847, 1852 (2004), held that
a federal court faced with allegations of actual innocence, whether of the sentence or of the crime
charged, must first address all nondefaulted claims of comparable relief and other grounds for cause
to excuse the procedural default. Dretke and the State of Texas conceded before the Supreme Court

that Haley has a viable and significant ineffective assistance of counsel claim, success on the merits
would give respondent all of the relief that he seeks, i.e., re-sentencing, and also would provide cause
to excuse the procedural default of his sufficiency of the evidence claim, and that the State will not
reincarcerate Haley during the pendency of his ineffective assistance of counsel claim. Accordingly,
the judgment of this court, 306 F.3d 257, was vacated, and the case remanded for further proceedings
consistent with its opinion. It is hereby ordered that this case be remanded to the district court for
further proceedings to expeditiously resolve Haley's claim.
2