Legal Opinion
Barlow v. Wainwright
District Court, N.D. Florida
Decided February 17, 1971No. Civ. A. No. 1683PublishedCited by 2 opinions
1Opinion of the Court
OPINION-ORDER
MIDDLEBROOKS, District Judge.
This cause is before this Court upon response having been given to order to show cause of January 20, 1971. Petitioner was tried by jury and sentenced to death for first degree murder on March 2, 1968, in the Circuit Court of Franklin County, Florida. In his direct appeal to the Supreme Court of Florida, petitioner, as he does now, alleged that in light of the rationale of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), a venireman was improperly excluded from the panel of prospective jurors and that therefore his sentence…
2Cases cited10 opinions
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Boulden v. HolmanSupreme Court of the United States · 1969
- Maxwell v. BishopSupreme Court of the United States · 1970
- State v. MathisSupreme Court of New Jersey · 1968
- James Lee Marion v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
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3Cited by2 opinions
- Portee v. StateSupreme Court of Florida · 1971
- Barlow v. TaylorSupreme Court of Florida · 1971