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Don H. Weaver v. State of Texas

Don H. WEAVER, Petitioner-Appellant, v. STATE OF TEXAS Et Al., Respondents-Appellees

Weaver v. Texas, 469 F.2d 1314 (5th Cir. 1972)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 10, 1972
Docket
No. 72-2208
Judges
Bell, Ainsworth, Dyer
Citations
469 F.2d 13141972 U.S. App. LEXIS 6765
Cited by 8 Original from court

Opinion — Per Curiam

ON PETITION FOR REHEARING PER CURIAM:

On petition for rehearing Weaver asserts that his appeal was timely taken and should not have been dismissed. While the docket entry shows that his notice of appeal was filed on June 1, 1972, and that the order denying his petition for writ of habeas corpus was entered on February 29, 1972, Weaver points to the notarization of the notice of appeal as having been executed on March 28, 1972, and alleges that it was mailed on that date so that it should have been received by the Clerk of the district court on March 29, 1972.

In these circumstances the petition for rehearing is granted, the case is remanded to correct the record or to permit *1315 Weaver within thirty days to request the district court to extend the time for appeal (under Federal Rules of Appellate Procedure 4(a)) on showing excusable neglect. Pending the outcome, we will retain jurisdiction. James Bryant v. Marion J. Elliott, 5 Cir. 1972, 467 F.2d 1109 [1972].

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Cited by 8 cases

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1974: 41975: 11976: 319742026peak 1974 · 4

Relies on it most ⓘ

  1. Carl H. Alley v. Dodge Hotel501 F.2d 880 (D.C. Cir. 1974)
  2. United States v. John D. Stolarz547 F.2d 108 (9th Cir. 1976)
  3. Norman Rothman v. United States508 F.2d 648 (3d Cir. 1975)
  4. Bosler v. Morad555 P.2d 567 (Wyo. 1976)
  5. Cramer v. Wise494 F.2d 1185 (5th Cir. 1974)
  6. John Sanchez v. Dallas Morning News543 F.2d 556 (5th Cir. 1976)

Most recent

  1. United States v. John D. Stolarz547 F.2d 108 (9th Cir. 1976)
  2. John Sanchez v. Dallas Morning News543 F.2d 556 (5th Cir. 1976)
  3. Bosler v. Morad555 P.2d 567 (Wyo. 1976)
  4. Norman Rothman v. United States508 F.2d 648 (3d Cir. 1975)
  5. Carl H. Alley v. Dodge Hotel501 F.2d 880 (D.C. Cir. 1974)
  6. Clifton Ralph Cramer v. Jack H. Wise, Warden, Federal Correctional Institute, No. 74-1174 Summary Calendar494 F.2d 1185 (5th Cir. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Bryant v. Elliott, 467 F.2d 1109 (5th Cir. 1972) 17

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