# Fleming v. Kelly

> Court of Appeals for the Fifth Circuit · February 9, 1971 · 438 F.2d 1147

URL: https://www.frixlaw.com/law-library/cases/8884708

## Case

- **Full name:** Charles FLEMING v. Asa KELLY, Director, State Board of Corrections, Atlanta, Georgia
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 9, 1971
- **Citations:** 438 F.2d 1147
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8884708

## Opinion text

PER CURIAM:
This Court, on May 9th, 1969, entered an order affirming the judgment of the trial court in this state habeas corpus ease, 438 F.2d 1147 . That judgment was based on the case of Mosley v. Smith (5 *1148 Cir.) 404 F.2d 346 . That judgment was subsequently suspended by an order of this court pending a proposed rehearing en banc of the companion case, to wit, Salisbury v. Grimes (5 Cir., 1968) 406 F.2d 50 . It now appearing that the en banc court in the Salisbury case has been dissolved, the law of this circuit stands as stated in Mosley v. Smith, supra. The judgment and order of this court, dated May 9, 1969 affirming the judgment of the trial court denying relief to appellant Fleming, is hereby reinstated.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8884708. Public record. Not legal advice.