Legal Opinion

Marvin T. Ward, A/K/A Moses Anderson v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided December 15, 1971No. 71-1649PublishedCited by 15 opinions

1Opinion of the Court

CLARK, Circuit Judge:

In this habeas corpus proceeding the district court vacated petitioner’s robbery conviction, basing its disposition solely upon an examination of the state court trial record. The premise underlying this grant of relief was: “Petitioner was denied due process of law in his state trial in that the totality of the circumstances surrounding the identification evidence creates a substantial likelihood of an incorrect identification.” We disagree with this conclusion and reverse.

On the night of March 11, 1967, Thomas W. Valentine was robbed and shot in a lighted urban area by…

2Cases cited13 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  5. United States v. Jacksonville Terminal Co.Court of Appeals for the Fifth Circuit · 1971

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3Cited by15 opinions

  1. Billy George McCune v. W. J. Estelle, Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
  2. State v. HargroveSupreme Court of Louisiana · 1976
  3. John D. Doescher v. W. J. Estelle, Jr., Etc.Court of Appeals for the Fifth Circuit · 1980
  4. Junius McKensie v. Sea Land Service, Inc., Defendant-Third-Party v. Atlantic & Gulf Stevedores, Inc., and B & G Crane Service, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1977
  5. Cariston Thornton v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973

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

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