*1 estoppel, beyond and ultimate fact to bar CLARK, Before MORGAN and Circuit probative use of the evidence about a Judges, GORDON, Judge. and District wholly separate event. estop- Collateral pel has never been held go to so far in CURIAM: PER any By civil or criminal context. assert- The Petition for Rehearing is denied should, ing today it we do no less than having polled the Court been and at the jeopardy stand the double clause on its request of one of the members of the head. majority and a of Court the Circuit simple, Recurrence to the direct word- Judges regular who are in active service “ ing of the constitution . . . nor having it, (Rule 35, voted in not favor of any person shall subject be for the same Appellate Procedure; Federal Rules of put offence to be twice in jeopardy of 12) Local Fifth Circuit Rule the Petition life or limb” best demonstrates the error Rehearing En for Banc is also denied. judicial embroidery. of this To com- BROWN, error, Before Judge, pound Chief the the principle and of Win- BELL, WISDOM, GEWIN, gate given must be THORN- retroactive effect.
Darrell Gene Blackburn v. Armond Cross, Chairman and Commissioners, Probation & Parole Commission, State of Florida
517 F.2d 464
5th Cir.1975Check TreatmentAI-generated responses must be verified and are not legal advice.