Legal Opinion
William E. Tapp v. Ed Lucas, Warden, Mississippi State Penitentiary
Court of Appeals for the Fifth Circuit
Decided October 7, 1981No. 80-3859PublishedCited by 14 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge.
The State of Mississippi brought this appeal from the grant of a writ of habeas corpus in favor of William E. Tapp. The case presents two questions concerning the proper interpretation of the double jeopardy clause: (1) whether a state court’s explanation that its previous reversal of a criminal conviction was based on “trial error” rather than insufficient evidence permits retrial under Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978), and (2) whether a state can order that a defendant be resentenced for manslaughter on a conviction for…
2Cases cited9 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Greene v. MasseySupreme Court of the United States · 1978
- Price v. GeorgiaSupreme Court of the United States · 1970
- Hudson v. LouisianaSupreme Court of the United States · 1981
- Vincent Pacelli, Jr. v. United StatesCourt of Appeals for the Second Circuit · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Charles Edwin Bullard v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Connolly v. StateCourt of Criminal Appeals of Alabama · 1988
- Larry Jones, Cross-Appellant v. Morris Thigpen, Commissioner, Mississippi Dept. Of Corrections, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- DeBussi v. StateMississippi Supreme Court · 1984
9 more not listed; retrieve them via the Exa API.