Legal Opinion

Odell Aaron Hicks v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided January 5, 1981No. 80-5097PublishedCited by 90 opinions

1Opinion of the Court

RONEY, Circuit Judge:

This is an appeal from the- grant of a writ of habeas corpus under 28 U.S.C.A. § 2254. Although mindful of the difficulties which confront state trial judges in managing busy dockets, especially in the handling of professional witnesses and in the recalcitrance of some counsel, we nevertheless agree with the district court that the denial of a continuance in this case prevented petitioner from presenting his only expert witness on his insanity defense, the sole issue at trial, and deprived petitioner of his right to due process. The conditional grant of a writ of habeas…

2Cases cited10 opinions

  1. Wainwright v. SykesSupreme Court of the United States · 1977
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Ungar v. SarafiteSupreme Court of the United States · 1964
  4. United States v. Terry Ray UptainCourt of Appeals for the Fifth Circuit · 1976
  5. Earl Edward Gandy v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1978

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3Cited by90 opinions

  1. People v. HowardCalifornia Supreme Court · 1992
  2. Pinkney v. StateMississippi Supreme Court · 1988
  3. United States v. Larry FlyntCourt of Appeals for the Ninth Circuit · 1985
  4. Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  5. Howard L. Dickerson v. State of AlabamaCourt of Appeals for the Eleventh Circuit · 1982

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