Legal Opinion

John Lee Boyd v. Steve W. Puckett, Superintendent of the Mississippi State Penitentiary at Parchman

Court of Appeals for the Fifth Circuit

Decided August 23, 1990No. 90-8041PublishedCited by 29 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The state respondents appeal from the district court’s grant of a writ of habeas corpus conferred on the basis of evidence newly discovered after petitioner John Lee Boyd’s state trial and conviction for murder, for which he received a life sentence. Concluding that the district court’s determination is contrary to binding precedent from the Supreme Court and this court, we reverse and render.

I

Three years after petitioner’s trial, new evidence was discovered to the effect that on the day of the murder the victim had armed himself and had gone out to practice…

2Cases cited5 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Alcorn County, Mississippi v. U.S. Interstate Supplies, Inc.Court of Appeals for the Fifth Circuit · 1984
  3. Milton Armstead v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Rubin Tackno v. Ross Maggio, Jr., Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1983
  4. United States v. Robert MilietCourt of Appeals for the Fifth Circuit · 1986
  5. Leonard E. Davis v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1986

3Cited by29 opinions

  1. John Boyd v. Neal B. Biggers, Jr.Court of Appeals for the Fifth Circuit · 1994
  2. Financial Acquisition Partners LP v. BlackwellCourt of Appeals for the Fifth Circuit · 2006
  3. Jacobs v. ScottCourt of Appeals for the Fifth Circuit · 1994
  4. United States v. Andrew J. LoneyCourt of Appeals for the Fifth Circuit · 1992
  5. Society of Separationists, Inc. v. Guy Herman, Judge of the Travis County Court at LawCourt of Appeals for the Fifth Circuit · 1991

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