Lane v. Kern

Fifth Circuit Court of Appeals

Decided Jan. 28, 1974.

Rehearing Denied Feb. 25, 1974.

Fifth Circuit Court of Appeals · decided 1974-01-28

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Thompson v. United States

Opinion by (per_curiam) · Decided 1974-01-28

¶1Summary Calendar.*

¶2Michael Thornell, Houston, Tex. (Court-appointed but not under Act), for petitioner-appellant.

¶3Joe S. Moss, Asst. Dist. Atty., Houston, Tex., for respondent-appellee.

¶4Before GEWIN, GODBOLD and CLARK, Circuit Judges.

¶6PER CURIAM:

¶7After careful consideration of the record in this case it is our opinion that the order of the district court denying the petitioner-appellant’s application for habeas corpus relief and other relief must be vacated and the case remanded to the district court for further proceedings and consideration by that court. Accordingly, it is so ordered.

¶8Vacated and remanded.