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Docket for 12-5906
No. 12-5906     *** CAPITAL CASE ***  
Title:
John Lezell Balentine, Petitioner
v.
Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Docketed:August 21, 2012
Linked with 12A173
Lower Ct:United States Court of Appeals for the Fifth Circuit
  Case Nos.:(12-70023)
  Decision Date:August 17, 2012
  Rehearing Denied:August 21, 2012
Discretionary Court  
  Decision Date:August 10, 2012

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Aug 21 2012 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2012)
Aug 21 2012 Application (12A173) for a stay of execution of sentence of death, submitted to Justice Scalia.
Aug 22 2012 Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Aug 22 2012 Application (12A173) referred to the Court.
Aug 22 2012 Reply of petitioner John Lezell Balentine filed.
Aug 22 2012 Application (12A173) granted by the Court. The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Aug 30 2012 DISTRIBUTED for Conference of September 24, 2012.
Aug 31 2012 Record Requested .
Sep 18 2012 Record received from the U.S. Court of Appeals for the Fifth Circuit (1 envelope).
Sep 20 2012 Record received from United States District Court Northern District of Texas (1 box).
Oct 11 2012 DISTRIBUTED for Conference of October 26, 2012.
May 28 2013 DISTRIBUTED for Conference of May 30, 2013.
Jun 3 2013 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Trevino v. Thaler, 569 U. S. ___ (2013).
Jul 5 2013 JUDGMENT ISSUED.
Aug 15 2013 Record returned to the U.S. District Court Northern District of Texas (one box).



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Lydia M.V. Brandt The Brandt Law Firm, P.C.(972) 699-7020
P.O. Box 850843
Richardson, TX  75085-0843
Party name: John Lezell Balentine
Attorneys for Respondent:
Edward L. Marshall Chief, Post Conviction Litigation Division(512) 936-1400
Office of the Attorney General
P.O. Box 12548
Capitol Station
Austin, TX  78711-2548
edward.marshall@oag.state.tx.us
Party name: Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division

 

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