Fortunato Benavides
Encyclopedia
Fortunato Pedro "Pete" Benavides (born February 3, 1947), is a U.S. circuit judge sitting on the United States Court of Appeals for the Fifth Circuit
. His chambers are in Austin, Texas
.
. His educational background includes B.B.A. and J.D. degrees from the University of Houston
.
. From 1977 to 1979, he served as a Judge on the Hidalgo County, Texas
Court-at-Law. Following another stint in private law practice, he served as a Judge on the Hidalgo County District Court from 1981 to 1984. In 1984, he was promoted to the state's 13th Court of Appeals, serving until 1991, when he began a one-year stint on the Texas Court of Criminal Appeals
. In 1993, he served as a Visiting Justice on the Texas Supreme Court
.
and subsequently confirmed and appointed to his current position.
Benavides has announced that he will take senior status
effective February 3, 2012, which is his 65th birthday.
. His opinions are distinguished by their attention to the importance of precedent
. Additionally, Judge Benavides is reputed as a succinct writer. His most notworthy rulings include Burdine v. Johnson, Tennard v. Cockrell (also known as Tennard v. Dretke
), and Texas Democratic Party v. Benkiser.
to hear the case of Burdine v. Johnson. Burdine, who had received a death sentence for capital murder in Texas, had petitioned the federal courts for a Writ of Habeas Corpus
. Burdine's central complaint was that his court-appointed attorney, Joe Cannon, had fallen asleep repeatedly during his trial.
After hearing the case, Judges Rhesa Barksdale and Edith Jones
ruled for the Court that Burdine's claim did not, in and of itself, warrant issuance of the writ
and grant of a new trial. Rather, Barksdale and Jones reasoned, Burdine would have to show that he was prejudiced by his sleeping lawyer; that is, Burdine would need to show that there was a reasonable likelihood that the outcome of his trial would have been different had his lawyer not repeatedly dozed off.
Judge Benavides issued a strong dissent. Benavides wrote that it shocks the conscience that someone could be sentenced to death after being represented by a lawyer who slept through substantial portions of his trial. In Benavides' view, no further analysis was necessary to find that Burdine had been denied his Right to Counsel.
Judge Benavides' views were later vindicated when the entire Fifth Circuit, sitting en banc
, took up the case and reversed the panel's judgment. Writing for the en banc court, Judge Benavides held that Supreme Court precedent provided a presumption
of prejudice where a defendant's lawyer sleeps repeatedly throughout his trial.
Both Judge Benavides' panel dissent and his en banc opinion were covered in the New York Times.
took up the case, and in a sharply-worded opinion (Tennard II), held that the Fifth Circuit law Judge Benavides had used was wrong. Justice Sandra Day O'Connor
wrote that Judge Benavides' opinion had merely paid "lipservice" to important principles and had used a test that "has no foundation in the decisions of this Court." The case was sent back to the Court of Appeals to apply the right standards as articulated by the Supreme Court.
On remand, Judge Benavides, writing for the majority of a three-judge panel (Tennard III), reversed Tennard's death sentence using the Supreme Court's rule, holding that Texas law had failed to attach sufficient import to Tennard's low IQ evidence. In the course of his new opinion on remand, Judge Benavides chided the Supreme Court for giving inconsistent and indeterminate guidance in the death penalty area, likening the High Court's jurisprudence to the Augean stables.
Court of Appeals Judge Jerry Smith
has since called the Supreme Court's Tennard opinion an unfair "tongue-lashing" that singled out the Fifth Circuit for abuse when the Court of Appeals was only trying to honestly apply the High Court's own "sundry pronouncements."
Judge Benavides, writing for a unanimous three-judge panel of the Fifth Circuit that included conservative Republican appointee Edith Brown Clement
, ruled in favor of the Democrats. According to Benavides, the plain language of the Constitution says that candidates for Congress only need be residents of the requisite state, here Texas, as of election day. Since Tom DeLay had not yet failed to reside in Texas on election day (because that day had not yet come), he remained eligible.
Judge Benavides' opinion was hailed both by academics and by the press. Professor Rick Hasen called the opinion's reasoning "solid." The Houston Chronicle wrote, "The laudable impartiality by the judges making these politically sensitive rulings should strengthen the confidence of all parties that they can get a fair day in federal court." The Washington Post applauded Benavides' ruling as both correct as a matter of constitutional law and preferable as a matter of public policy.
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
. His chambers are in Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
.
Early life and education
Judge Benavides was born in Mission, TexasMission, Texas
Mission is a city in Hidalgo County, Texas, United States. The population was 77,058 at the 2010 census Mission is part of the McAllen–Edinburg–Mission and Reynosa–McAllen metropolitan areas.-Geography:Mission is located at ....
. His educational background includes B.B.A. and J.D. degrees from the University of Houston
University of Houston
The University of Houston is a state research university, and is the flagship institution of the University of Houston System. Founded in 1927, it is Texas's third-largest university with nearly 40,000 students. Its campus spans 667 acres in southeast Houston, and was known as University of...
.
Professional career
From 1972 to 1977, he practiced law in McAllen, TexasMcAllen, Texas
McAllen is the largest city in Hidalgo County, Texas, United States. It is located at the southern tip of Texas in an area known as the Rio Grande Valley and is part of the . Its southern boundary is located about five miles from the U.S.–Mexico border and the Mexican city of Reynosa, the Rio...
. From 1977 to 1979, he served as a Judge on the Hidalgo County, Texas
Hidalgo County, Texas
Hidalgo County is a county located in the U.S. state of Texas. Located in the Rio Grande Valley of South Texas, Hidalgo County is one of the fastest-growing counties in the United States, and is the seventh most-populous county in Texas. Its population in 2010 was 774,769, a 35% increase from 2000...
Court-at-Law. Following another stint in private law practice, he served as a Judge on the Hidalgo County District Court from 1981 to 1984. In 1984, he was promoted to the state's 13th Court of Appeals, serving until 1991, when he began a one-year stint on the Texas Court of Criminal Appeals
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas, United States. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges....
. In 1993, he served as a Visiting Justice on the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
.
Federal judicial service
The following year, Benavides was nominated by President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
and subsequently confirmed and appointed to his current position.
Benavides has announced that he will take senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
effective February 3, 2012, which is his 65th birthday.
Jurisprudence
Lawyers who practice before Judge Benavides consider him an ideological moderateModerate
In politics and religion, a moderate is an individual who is not extreme, partisan or radical. In recent years, political moderates has gained traction as a buzzword....
. His opinions are distinguished by their attention to the importance of precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. Additionally, Judge Benavides is reputed as a succinct writer. His most notworthy rulings include Burdine v. Johnson, Tennard v. Cockrell (also known as Tennard v. Dretke
Tennard v. Dretke
Tennard v. Dretke, 542 U.S. 274 , was a United States Supreme Court case in which the court was asked whether evidence of the defendant's low IQ in a death penalty trial had been adequately presented to the jury for full consideration in the penalty phase of his trial...
), and Texas Democratic Party v. Benkiser.
Burdine v. Johnson
In 2000, Benavides sat on a three-judge panel of the Fifth CircuitUnited States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
to hear the case of Burdine v. Johnson. Burdine, who had received a death sentence for capital murder in Texas, had petitioned the federal courts for a Writ of Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Burdine's central complaint was that his court-appointed attorney, Joe Cannon, had fallen asleep repeatedly during his trial.
After hearing the case, Judges Rhesa Barksdale and Edith Jones
Edith Jones
Edith Hollan Jones is the Chief Judge of the United States Court of Appeals for the Fifth Circuit.Jones graduated from Cornell University in 1971. She received her J.D. from The University of Texas School of Law in 1974...
ruled for the Court that Burdine's claim did not, in and of itself, warrant issuance of the writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
and grant of a new trial. Rather, Barksdale and Jones reasoned, Burdine would have to show that he was prejudiced by his sleeping lawyer; that is, Burdine would need to show that there was a reasonable likelihood that the outcome of his trial would have been different had his lawyer not repeatedly dozed off.
Judge Benavides issued a strong dissent. Benavides wrote that it shocks the conscience that someone could be sentenced to death after being represented by a lawyer who slept through substantial portions of his trial. In Benavides' view, no further analysis was necessary to find that Burdine had been denied his Right to Counsel.
Judge Benavides' views were later vindicated when the entire Fifth Circuit, sitting en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, took up the case and reversed the panel's judgment. Writing for the en banc court, Judge Benavides held that Supreme Court precedent provided a presumption
Presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption. The invocation of a...
of prejudice where a defendant's lawyer sleeps repeatedly throughout his trial.
Both Judge Benavides' panel dissent and his en banc opinion were covered in the New York Times.
Tennard
In Tennard v. Cockrell (Tennard I), Judge Benavides applied longstanding precedent of the Fifth Circuit Court of Appeals to an esoteric issue of death penalty law: He affirmed Tennard's death sentence, holding that Texas' capital sentencing law adequately took into account Tennard's evidence of low IQ before he was sentenced to death. The Supreme CourtSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
took up the case, and in a sharply-worded opinion (Tennard II), held that the Fifth Circuit law Judge Benavides had used was wrong. Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
wrote that Judge Benavides' opinion had merely paid "lipservice" to important principles and had used a test that "has no foundation in the decisions of this Court." The case was sent back to the Court of Appeals to apply the right standards as articulated by the Supreme Court.
On remand, Judge Benavides, writing for the majority of a three-judge panel (Tennard III), reversed Tennard's death sentence using the Supreme Court's rule, holding that Texas law had failed to attach sufficient import to Tennard's low IQ evidence. In the course of his new opinion on remand, Judge Benavides chided the Supreme Court for giving inconsistent and indeterminate guidance in the death penalty area, likening the High Court's jurisprudence to the Augean stables.
Court of Appeals Judge Jerry Smith
Jerry Edwin Smith
Jerry Edwin Smith is a judge on the United States Court of Appeals for the Fifth Circuit. He was nominated by President Ronald Reagan on June 2, 1987 and confirmed by the Senate on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat...
has since called the Supreme Court's Tennard opinion an unfair "tongue-lashing" that singled out the Fifth Circuit for abuse when the Court of Appeals was only trying to honestly apply the High Court's own "sundry pronouncements."
TDP v. Benkiser
In TDP v. Benkiser, Judge Benavides weighed in on a controversial election-year ballot dispute. After Congressman Tom DeLay resigned from Congress, the Republican Party of Texas sought to replace him with another candidate on the ballot shortly before the 2006 election. Texas law, however, forbids candidates from being replaced in the months leading up to an election unless they are ruled ineligible. The Texas Democratic Party sued the Republican Party to stop the switch. In court, the Republican Party argued that Tom DeLay was in fact ineligible to run for Congress in Texas because he had recently moved to Virginia.Judge Benavides, writing for a unanimous three-judge panel of the Fifth Circuit that included conservative Republican appointee Edith Brown Clement
Edith Brown Clement
Edith "Joy" Brown Clement is a federal judge on the United States Court of Appeals for the Fifth Circuit.- Background :...
, ruled in favor of the Democrats. According to Benavides, the plain language of the Constitution says that candidates for Congress only need be residents of the requisite state, here Texas, as of election day. Since Tom DeLay had not yet failed to reside in Texas on election day (because that day had not yet come), he remained eligible.
Judge Benavides' opinion was hailed both by academics and by the press. Professor Rick Hasen called the opinion's reasoning "solid." The Houston Chronicle wrote, "The laudable impartiality by the judges making these politically sensitive rulings should strengthen the confidence of all parties that they can get a fair day in federal court." The Washington Post applauded Benavides' ruling as both correct as a matter of constitutional law and preferable as a matter of public policy.