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Legal Opinion

In Re Swearingen

Court of Appeals for the Fifth Circuit

Decided January 26, 2009No. 09-20024PublishedCited by 81 opinions

1Per curiam

Texas inmate Larry Ray Swearingen (“Swearingen”), sentenced to death for the capital murder of Melissa Trotter, seeks a stay of his execution scheduled for January 27, 2009, and authorization to file a successive petition for writ of habeas corpus in the United States District Court for the Southern District of Texas. For the following reasons, we GRANT IN PART AND DENY IN PART the motion and STAY the execution.

I. Factual & Procedural Background

Swearingen was convicted of capital murder by a jury in Montgomery County, Texas and sentenced to death on July 11, 2000. The jury found that on…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. Giglio v. United StatesSupreme Court of the United States · 1972
  5. Herrera v. CollinsSupreme Court of the United States · 1993

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3Cited by81 opinions

  1. Case v. HatchCourt of Appeals for the Tenth Circuit · 2013
  2. Ex parte FournierCourt of Criminal Appeals of Texas · 2015
  3. Rodney Reed v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2014
  4. John Floyd v. Darrel Vannoy, WardenCourt of Appeals for the Fifth Circuit · 2018
  5. DiMattina v. United StatesDistrict Court, E.D. New York · 2013

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

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