Legal Opinion
Stanley L. Davis v. Robert Herring, Sheriff of Lee County, Mississippi and Edwin L. Pittman, Attorney General of the State of Mississippi
Court of Appeals for the Fifth Circuit
Decided September 26, 1986No. 83-4421PublishedCited by 41 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The panel has decided, sua sponte, to vacate its earlier opinion in this case, 1 and to substitute instead the following.
The habeas corpus petitioner fired his pistol into a tavern, killing the owner. Indicted separately for both murder and the felony of shooting into an occupied building, he was tried on the murder indictment alone. When the jury convicted him only of manslaughter, the State attempted to prosecute him in a second trial for the shooting felony. He objected on double jeopardy grounds, and, after exhausting his state remedies, obtained an…
2Cases cited42 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Ashe v. SwensonSupreme Court of the United States · 1970
37 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. Garcia-RosaCourt of Appeals for the First Circuit · 1989
- Clifton Fransaw v. James A. Lynaugh, Interim Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
- Winn v. CookCourt of Appeals for the Tenth Circuit · 2019
- United States of America, Cross-Appellant v. Marsden W. Miller, Jr., and William C. Huls, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992
- State v. DeLucaSupreme Court of New Jersey · 1987
36 more not listed; retrieve them via the Exa API.