Haynes v. Cain

284 F.3d 604 Brandon HAYNES, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant. No. 00-31012. United States Court of Appeals, Fifth Circuit. March 4, 2002. Henry Clay Walker (argued), Walker, Tooke & Lyons, Shreveport, LA, for Petitioner-Appellee. Catherine M. Estopinal, Asst. Dist. Atty. (argued), Shreveport, LA, for Respondent-Appellant. Appeal from the United States District Court for the Western District of Louisiana; Donald E. Walter, Judge. ON PETITION FOR REHEARING EN BANC (Opinion Nov. 27, 2001, 5 Cir., 2001, 272 F.3d 757) Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges. BY THE COURT: [1] A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc, [2] IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.