Legal Opinion

Barber v. Johnson

Court of Appeals for the Fifth Circuit

Decided June 23, 1998No. 97-10725PublishedCited by 32 opinions

1Opinion of the Court

POLITZ, Chief Judge:

Danny Lee Barber invoked 28 U.S.C. § 2254 and sought a writ of habeas corpus, challenging his conviction and death sentence for capital murder. The district court rejected his petition. Barber seeks appellate review,1 contending that the penalty phase testimony by Dr. Clay Griffith relating to the future dangerousness issue violated his fourth, fifth, and fourteenth amendment *235rights, as well as the rules of Estelle v. Smith2 and Satterwhite v. Texas. 3 . In his competency examination of Barber prior to trial Dr. Griffith gave no Miranda4 warnings, nor did he obtain consent…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Barefoot v. EstelleSupreme Court of the United States · 1983

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3Cited by32 opinions

  1. Carol Rae Cooper Foulds v. Texas Tech UniversityCourt of Appeals for the Fifth Circuit · 1999
  2. Victor Hassine v. Charles Zimmerman, Superintendent, and the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 1998
  3. Joseph Montano v. State of TexasCourt of Appeals for the Fifth Circuit · 2017
  4. Stephan Bechuck v. Home Depot USA, Incorporated, eCourt of Appeals for the Fifth Circuit · 2016
  5. Pool Company v. Otis L CooperCourt of Appeals for the Fifth Circuit · 2001

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