Legal Opinion
Clark v. Collins
Court of Appeals for the Fifth Circuit
Decided April 14, 1994No. 91-02026PublishedCited by 138 opinions
1Opinion of the Court
POLITZ, Chief Judge:
The State of Texas appeals a grant of habeas corpus relief to Herman Robert Charles Clark, Jr., vacating the death sentence imposed on him due to a violation of Penry v. Lynaugh. 1 Clark cross-appeals, challenging the denial of postconviction relief on 14 other grounds. We affirm in part, reverse in part, and remand with instructions to deny the writ.
Background
At approximately 3:00 a.m. on April 4, 1981, Clark, armed with a gun, forcibly entered the Houston apartment of Joseph Edward McClain. McClain and his girlfriend were asleep in one bedroom while the girlfriend’s son…
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Batson v. KentuckySupreme Court of the United States · 1986
- Teague v. LaneSupreme Court of the United States · 1989
- Townsend v. SainSupreme Court of the United States · 1963
- Swain v. AlabamaSupreme Court of the United States · 1965
24 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Amos v. ScottCourt of Appeals for the Fifth Circuit · 1995
- Sistrunk v. VaughnCourt of Appeals for the Third Circuit · 1996
- Brown v. StateMississippi Supreme Court · 2001
- Branch v. StateMississippi Supreme Court · 2004
133 more not listed; retrieve them via the Exa API.