John Galbraith v. Lorie Davis, Director, No. 15-40596 (5th Cir. 2017)

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The court issued a subsequent related opinion or order on May 18, 2018.

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Case: 15-40596 Document: 00514057083 Page: 1 Date Filed: 06/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40596 JOHN PAUL GALBRAITH, FILED June 30, 2017 Lyle W. Cayce Clerk Petitioner - Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:11-CV-756 Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * The Court sua sponte vacates the November 22, 2016 order denying petitioner’s motion for reconsideration of his motion for certificate of appealability (COA), styled as “Petition for Rehearing En Banc With Suggestions in Support,” and hereby GRANTS reconsideration. The Court further directs that petitioner’s unfiled second “Request to File a Petition for Rehearing En Banc Out of Time” be treated as a supplemental brief in support Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-40596 Document: 00514057083 Page: 2 Date Filed: 06/30/2017 No. 15-40596 of a COA. Accordingly, we DENY “Petitioner’s Letter Request to File Rehearing En Banc Out of Time” as moot. We GRANT a COA for issue (1) that a juror was biased and trial and appellate counsel were ineffective for failing to raise the issue. We affirm the DENIAL of a COA as to all remaining issues. The clerk is directed to issue a briefing notice. 2