Legal Opinion

George Guy Derden, III v. Sheriff Sammie McNeel and Attorney General--State of Mississippi

Court of Appeals for the Fifth Circuit

Decided September 13, 1991No. 90-1230PublishedCited by 27 opinions

1Opinion of the Court

REYNALDO G. GARZA, Circuit Judge:

After exhaustion in the state courts, petitioner appealed for habeas relief to the federal courts. The magistrate recommended relief in his findings and recommendations. The district judge, however, denied relief. We reverse the judgment of the district court and grant the writ. The State of Mississippi is given ninety days in which to retry petitioner or set him free.

PRIOR PROCEEDINGS

This cause comes before us on the petition of George Guy Derden, III for a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was tried and convicted…

2Cases cited33 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Darden v. WainwrightSupreme Court of the United States · 1986
  4. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  5. Marshall v. LonbergerSupreme Court of the United States · 1983

28 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  2. George Guy Derden, III v. Sheriff Sammie McNeel and Attorney General--State of MississippiCourt of Appeals for the Fifth Circuit · 1992
  3. Briddle v. ScottCourt of Appeals for the Fifth Circuit · 1995
  4. State v. ERIC M.Supreme Court of Connecticut · 2004
  5. Nichols v. CollinsDistrict Court, S.D. Texas · 1992

22 more not listed; retrieve them via the Exa API.

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