Legal Opinion
Milton Prater v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, and the Attorney General of the State of Louisiana
Court of Appeals for the Fifth Circuit
Decided September 24, 1982No. 81-3639PublishedCited by 10 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Milton Prater seeks a writ of habeas corpus, contending that he was denied equal protection of the law and due process because the state supreme court, in affirming his conviction of a state offense, held that one of his assignments of error had merit, but limited the operation of the new rule to future cases. He contends also that the trial prosecutor’s alleged misconduct, the judge’s instructions to the jury, and the judge’s alleged failure to exercise discretion in sentencing violated his constitutional rights. Finding no denial of due process or equal…
2Cases cited17 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Linkletter v. WalkerSupreme Court of the United States · 1965
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Christopher John Martin and Brett C. Kimberlin v. R.D. BrewerCourt of Appeals for the Seventh Circuit · 1987
- Kenneth Wayne Dupuy v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, RespondentCourt of Appeals for the Fifth Circuit · 1988
- Arturo Longoria Ortega v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
- Emmett Hickerson v. Ross Maggio, Jr., Warden, and Attorney General of the State of LouisianaCourt of Appeals for the Fifth Circuit · 1982
- Johnny Ray Seaton v. Raymond K. Procunier, Director of Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
5 more not listed; retrieve them via the Exa API.