Ball v. Leblanc

In late July, Promise of Justice Initiative attorneys and co-counsel petitioned the U.S. Court of Appeals for the Fifth Circuit for rehearing in the death row excessive heat case Ball v. Leblanc.  

The petitions detail crucial misapprehensions and errors in the majority opinion that the Court issued in early July, including with regard to expert testimony and the extent of relief available to prisoners.  The petitions also explain why the district court’s originally ordered relief – implementing a plan that the prison officials developed themselves – was appropriate.  The petitions seek rehearing both by the panel that originally heard the case and by the full Fifth Circuit en banc.