[Download] "Wilson v. Barrientos" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Wilson v. Barrientos
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The Attorney General of the State of Texas has moved for leave to file an amicus curiae petition for rehearing and a like motion to supplement the record on appeal. Because of the special considerations which exist in pro se prisoner civil rights complaints and Spears1 hearing appeals, we grant these motions. Having done so we have reconsidered the appeals in light of the supplemented record. On the record as now supplemented, it is apparent that all witnesses were sworn at the beginning of the day's series of Spears hearings conducted by the magistrate judge. Further, pursuant to an arrangement of long standing between the district court and the Attorney General's office, the court was furnished with such medical and other prison records as were requested, for use by the complainant[s] and review by the court in its 28 U.S.C. § 1915(d) determination about the viability of the complaint. Accordingly, the magistrate judge did not entertain the testimony of unsworn witnesses, nor did she consider records which were not adequately identified or authenticated. Our statement to the contrary in the opinion was incorrect and it is recalled.