In re Gibbs

Fifth Circuit Court of Appeals

Decided Aug. 21, 2000.

Fifth Circuit Court of Appeals · decided 2000-08-21

Cited by 2 later decisions — most recently February 2017

2 federal appellate ·

1 counsel of record

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Decided 2000-08-21

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¶1Bryce Edward Benjet, Gregory William Wiercioch, Texas Defenders Office, Houston, TX, for Movant.

¶2 *313Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.

¶3BY THE COURT:

¶4I

¶5On August 15, 2000, this court issued an opinion and order denying authorization to file a successive petition. A three-judge panel was properly convened and participated at every juncture of deliberations except the final issuing of the order. One member of the panel was not available until this morning. We acted as a quorum to afford Gibbs the maximum opportunity to obtain review. Instead, Gibbs’s sole response is that the order cannot be issued by a quorum of a panel. We disagree with that contention.

¶6II

¶7The third member of the panel now being available, the previous order is reissued.

¶8So ordered.