Legal Opinion

Gary E. Johnson v. Jack Cowley, Attorney General of the State of Oklahoma

Court of Appeals for the Tenth Circuit

Decided November 16, 1994No. 91-6401PublishedCited by 12 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

Gary E. Johnson (petitioner) appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

Petitioner was charged in Oklahoma state court with second degree burglary after former conviction of a felony. Petitioner had pled not guilty to the former conviction. Under the state procedure, trial of the primary burglary offense was bifurcated from the enhancement and sentencing proceeding. A jury convicted petitioner of the…

2Cases cited20 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Picard v. ConnorSupreme Court of the United States · 1971
  4. Williams v. New YorkSupreme Court of the United States · 1949
  5. Gardner v. FloridaSupreme Court of the United States · 1977

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

3Cited by12 opinions

  1. United States v. MasonCourt of Appeals for the Tenth Circuit · 1996
  2. Robert St. Pierre v. Roger D. Cowan, Warden, Menard Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
  3. State v. CheathamIdaho Court of Appeals · 2003
  4. Dombrowski v. MingoCourt of Appeals for the Eleventh Circuit · 2008
  5. Rickke L. Green v. Dan Reynolds Attorney General of the State of OklahomaCourt of Appeals for the Tenth Circuit · 1995

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

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