Legal Opinion
United States v. Henry Floyd, Jr.
Court of Appeals for the Fifth Circuit
Decided September 18, 1975No. 74-3568PublishedCited by 27 opinions
1Opinion of the Court
CLARK, Circuit Judge:
The question posed in this appeal is the applicability of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) as it has been interpreted to date. Following Henry Floyd, Jr.’s successful collateral attack, he was reconvicted for the same offense by a jury. A second and different judge then ordered him imprisoned for a period longer than the sentence which had been initially imposed, and failed to specifically credit the time already served by Floyd on his first conviction. In imposing the more punitive sentence, the second judge specifically…
2Cases cited7 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Blackledge v. PerrySupreme Court of the United States · 1974
- Colten v. KentuckySupreme Court of the United States · 1972
- Chaffin v. StynchcombeSupreme Court of the United States · 1973
- J. Loyd Parker, Jr. v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, SheriffCourt of Appeals for the Fifth Circuit · 1977
- United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2010
- United States v. HenryCourt of Appeals for the Fifth Circuit · 1983
- United States v. James R. Monaco and Eugene O. HicksCourt of Appeals for the Eleventh Circuit · 1983
- United States v. Louis GillissCourt of Appeals for the Eighth Circuit · 1981
22 more not listed; retrieve them via the Exa API.