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Jesus Hernandez v. Unknown Named Agents

Citation: Not availableDocket: 12-50217

Court: Court of Appeals for the Fifth Circuit; August 3, 2017; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Rehearing of the case involving Jesus C. Hernandez and Maria Guadalupe Guereca Bentacour, both as plaintiffs and successors-in-interest to the estate of Sergio Adrian Hernandez Guereca, against defendant Jesus Mesa, Jr. is scheduled. This follows a remand from the United States Supreme Court, which previously issued an opinion on June 30, 2014, and an en banc rehearing on April 24, 2015. The Fifth Circuit has ordered the rehearing with oral arguments set for September 20, 2017. Further briefing instructions will be provided in a separate directive from the court. The panel includes all active judges of the Fifth Circuit.

Legal Issues Addressed

En Banc Rehearing by the Fifth Circuit

Application: The Fifth Circuit has ordered an en banc rehearing, which involves all active judges reconsidering the case, highlighting its significance.

Reasoning: The Fifth Circuit has ordered the rehearing with oral arguments set for September 20, 2017. The panel includes all active judges of the Fifth Circuit.

Procedural Instructions for Rehearing

Application: The court has indicated that further procedural instructions, specifically regarding briefing, will be provided separately to guide the parties in preparation for the rehearing.

Reasoning: Further briefing instructions will be provided in a separate directive from the court.

Rehearing Following Supreme Court Remand

Application: The case is scheduled for a rehearing following a remand from the United States Supreme Court, indicating a reconsideration of the case by the lower court.

Reasoning: Rehearing of the case involving Jesus C. Hernandez and Maria Guadalupe Guereca Bentacour, both as plaintiffs and successors-in-interest to the estate of Sergio Adrian Hernandez Guereca, against defendant Jesus Mesa, Jr. is scheduled. This follows a remand from the United States Supreme Court, which previously issued an opinion on June 30, 2014.