Legal Opinion
Elmo Humphrey, III v. Burl Cain, Acting Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided September 9, 1997No. 95-31101PublishedCited by 39 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is a federal habeas petition seeking relief from a state court conviction for aggravated rape. Elmo Humphrey, III, had no criminal record but found himself accused of rape by a troubled sixteen-year-old girl. The rapes allegedly took place more than five years earlier. The victim had retracted an earlier accusation against Humphrey and had no witnesses or medical testimony to support her story. Nevertheless, a Louisiana jury convicted Humphrey by a vote of 11 to 1.
We conclude that the reasonable doubt instruction did not give the defendant the…
2Cases cited38 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Estelle v. McGuireSupreme Court of the United States · 1991
- Teague v. LaneSupreme Court of the United States · 1989
- Lindh v. MurphySupreme Court of the United States · 1997
- Sullivan v. LouisianaSupreme Court of the United States · 1993
33 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Coleman v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Leavitt v. AraveCourt of Appeals for the Ninth Circuit · 2004
- Larry Lee Bledsue v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- People v. BeachemAppellate Court of Illinois · 2000
- Rodriguez v. Superintendent, Bay State Correctional CenterCourt of Appeals for the First Circuit · 1998
34 more not listed; retrieve them via the Exa API.