Legal Opinion
John Henry Downey v. C. C. Peyton, Superintendent of the Virginia State Penitentiary
Court of Appeals for the Fourth Circuit
Decided November 18, 1971No. 12480PublishedCited by 30 opinions
1Opinion of the Court
ALBERT V. BRYAN, Circuit Judge:
In a petition for habeas corpus, John Henry Downey raises three constitutional claims. As violative of the Double Jeopardy Clause, he protests simultaneous convictions in Virginia of statutory burglary and grand larceny, carrying two consecutive four-year sentences. Next, alleging there was a prejudiced juror in the panel and that the jury discussed facts dehors the evidence, he contends he was denied a fair and impartial trial. Finally, he claims that a prosecution witness’ mention of Downey’s failure to make any statement when arrested impaired his…
2Cases cited21 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Estes v. TexasSupreme Court of the United States · 1965
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- United States of America Ex Rel. Craig S. Owen v. Hon. Daniel J. McMann Warden of Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1970
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Commonwealth v. FidlerMassachusetts Supreme Judicial Court · 1979
- United States v. HowardCourt of Appeals for the Fifth Circuit · 1975
- Evans-Smith v. CommonwealthCourt of Appeals of Virginia · 1987
- United States v. James Theodore EagleCourt of Appeals for the Eighth Circuit · 1976
- Gibson v. ClanonCourt of Appeals for the Ninth Circuit · 1980
25 more not listed; retrieve them via the Exa API.