Legal Opinion

Joe Billy Toles v. Mr. C.E. Jones (Warden) and the Attorney General of the State of Alabama

Court of Appeals for the Eleventh Circuit

Decided October 13, 1989No. 88-7400PublishedCited by 25 opinions

1Per curiam

Joe Billy Toles appeals the district court’s dismissal of his 28 U.S.C.A. § 2254 petition for the writ of habeas corpus. We affirm.

I

Following a jury trial in the circuit court of Etowah County, Alabama, Toles was convicted of murder and sentenced to life imprisonment without the possibility of parole. Toles, with the continuing assistance of court-appointed trial counsel, challenged on appeal the sufficiency of the evidence, the omission of a requested jury instruction regarding transferred intent, and the constitutionality of the application of the Alabama Habitual Felony Offender Act. The…

2Cases cited19 opinions

  1. Murray v. CarrierSupreme Court of the United States · 1986
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Engle v. IsaacSupreme Court of the United States · 1982
  5. Pennsylvania v. FinleySupreme Court of the United States · 1987

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3Cited by25 opinions

  1. Varnall Weeks v. Charlie E. Jones, Warden, Holman State Prison, James H. Evans, Attorney General for the State of AlabamaCourt of Appeals for the Eleventh Circuit · 1994
  2. Hill v. JonesCourt of Appeals for the Eleventh Circuit · 1996
  3. Carl J. Isaacs v. Frederick J. HeadCourt of Appeals for the Eleventh Circuit · 2002
  4. Wilburn A. Henderson v. Willis Sargent, Warden, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1991
  5. Martsay Bolder, Appellee/cross-Appellant v. Bill Armontrout, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1990

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