Legal Opinion

Smallwood v. Johnson

Court of Appeals for the Fifth Circuit

Decided January 23, 1996No. 94-20642PublishedCited by 73 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Petitioner-appellant Simon Smallwood (Smallwood) appeals the district court’s grant of respondent-appellee’s motion for summary judgment and dismissal of his habeas corpus petition under 28 U.S.C. Section 2254. We affirm.

Facts and Procedural Background

Smallwood was arrested exiting the Fiesta Mart grocery store at 5800 Lyons Avenue in Houston, Texas with three unpaid for packages of meat concealed on his person. This property had a total value of $27.64, and Smallwood was charged with theft of property under the value of $750.

The indictment contained two paragraphs also…

2Cases cited28 opinions

  1. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Harmelin v. MichiganSupreme Court of the United States · 1991
  4. Kolender v. LawsonSupreme Court of the United States · 1983
  5. Bordenkircher v. HayesSupreme Court of the United States · 1978

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

3Cited by73 opinions

  1. Hoops v. StateMississippi Supreme Court · 1996
  2. Norman Evans Green v. Gary L. Johnson, Director, Texas Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
  3. Young v. StateMississippi Supreme Court · 1999
  4. United States v. GonzalesCourt of Appeals for the Fifth Circuit · 1997
  5. Wottlin v. FlemingCourt of Appeals for the Fifth Circuit · 1998

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

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