Legal Opinion
Robert Franklin Godfrey, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, Respondent- Cross-Appellee
Court of Appeals for the Eleventh Circuit
Decided March 1, 1988No. 85-8570PublishedCited by 69 opinions
1Opinion of the Court
GODBOLD, Senior Circuit Judge:
Godfrey, a Georgia prisoner under death sentence, filed a federal habeas corpus petition in the Northern District of Georgia alleging 19 grounds for relief. The district court granted the writ on three grounds. The court held that (1) Godfrey’s conviction was unconstitutionally obtained because a jury instruction shifted to him the burden of proof on the issue of intent; (2) the state would violate the double jeopardy clause if it retries Godfrey and seeks to reimpose the death penalty; and (3) the state would violate Godfrey’s right to counsel if at another…
2Cases cited55 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Wainwright v. SykesSupreme Court of the United States · 1977
- Jackson v. DennoSupreme Court of the United States · 1964
- Burks v. United StatesSupreme Court of the United States · 1978
50 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- O.P. Hollis v. J.O. Davis and the Attorney General of the State of Alabama, Court of Appeals, Bullock County, Criminal Courts, Union SpringsCourt of Appeals for the Eleventh Circuit · 1991
- David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1989
- Whittlesey v. StateCourt of Appeals of Maryland · 1995
- Freeman v. StateCourt of Criminal Appeals of Alabama · 1988
- Larry Williams v. John P. Whitley, Warden, Louisiana State Penitentiary, John Fulford v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1993
64 more not listed; retrieve them via the Exa API.