# Douglas Glynn Payton, Administrator of the Estate of Sheryl Lynn Payton, Deceased v. The United States of America

> Court of Appeals for the Fifth Circuit · July 1, 1982 · 679 F.2d 475

URL: https://www.frixlaw.com/law-library/cases/9469271

## Case

- **Full name:** Douglas Glynn PAYTON, Administrator of the Estate of Sheryl Lynn Payton, Deceased, Et Al., Plaintiffs-Appellants, v. the UNITED STATES of America, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 1, 1982
- **Citations:** 679 F.2d 475; 1982 U.S. App. LEXIS 17759
- **Precedential status:** Published
- **Opinion:** Concurring in part by Fay
- **Judges:** Godbold, Roney, Tjoflat, Hill, Fay, Vance, Kravitch, Johnson, Henderson, Hatchett, Anderson, Clark
- **Cited by:** 68 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/9469271

## How later opinions describe it (automated extraction)

- establishing parole guidelines is discretionary; application in individual cases is operational

## Opinion text

FAY, Circuit Judge, joined by HENDERSON and THOMAS A. CLARK, Circuit Judges,
concurring in part and dissenting in
part:
Most respectfully, I join in those portions of Judge Hatchett’s opinion which reverse the trial court and dissent from those portions which affirm the trial court. As author of the panel opinion, 636 F.2d 132 , I tried to present a full analysis of both the legislative history and judicial precedent surrounding the issues presented. Nothing submitted during the en banc consideration of this case has altered my views expressed at that time. It is most appropriate that the case will now proceed to a full development of the facts leading up to and surrounding the release of Thomas Warren Whisenhant.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9469271. Public record. Not legal advice.