Shirley Kramer v. Tom Price, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas, 723 F.2d 1164

Concurrence Opinion

WISDOM, Circuit Judge,

concurring:

I concur in the sound result reached by this Court en banc. I feel compelled to say, however, that my concurrence is not a recantation of the views I expressed in the panel opinion.

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Lead Opinion

PER CURIAM:

After the panel decision in this case, reported at 712 F.2d 174 (5th Cir.1983), was vacated by our grant of rehearing en bane, the Texas statute at issue was repealed and replaced by another differing from it in many respects — one that it appears would not bear on Kramer’s conduct which resulted in her conviction. We are aware of no other case involving the constitutionality of the earlier, now-repealed statute. In view, therefore, of the limited scope of action remaining open to us after this development, we affirm the judgment of the district court but without approving or adopting its rationale.

AFFIRMED.

Case Details

Case Name: Shirley Kramer v. Tom Price, Judge, County Criminal Court No. 5, and Carl Thomas, Sheriff, Dallas County, Texas

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Jan 30, 1984

Citations: 723 F.2d 1164; 1984 U.S. App. LEXIS 25958; 82-1185

Docket Number: 82-1185

Court Abbreviation: 5th Cir.