# Robert Sawyer v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Respondent

> Court of Appeals for the Fifth Circuit · August 25, 1988 · 848 F.2d 582

URL: https://www.frixlaw.com/law-library/cases/9477746

## Case

- **Full name:** Robert SAWYER, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 25, 1988
- **Citations:** 848 F.2d 582; 1988 U.S. App. LEXIS 12690
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Gee, King, Davis, Clark, Rubin, Reavley, Politz, Johnson, Williams, Garwood, Jolly, Higginbotham, Jones, Smith
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded on other grounds by Robert Sawyer v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, 881 F.2d 1273 (1989).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9477746

## How later opinions describe it (automated extraction)

- stating that "[t]he thrust of the many constitutional rules governing the conduct of criminal trials is to ensure that those trials lead to fair and correct judgments,” and relying on Van Arsdall for the proposition that "the Constitution entitles a criminal defen *771 dant to…
- finding no discernable prejudice in capital counsel’s failure to rehabilitate venirepersons who indicated that they could not impose the death penalty, where the defendant failed to demonstrate that rehabilitation was possible

## Opinion text

ON SUGGESTION FOR REHEARING EN BANC
Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, and SMITH, Circuit Judges.
BY THE COURT:
A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9477746. Public record. Not legal advice.