Legal Opinion
Benjamin A. Berry v. John T. King, Secretary of Department of Corrections, Etc.
Court of Appeals for the Fifth Circuit
Decided July 1, 1985No. 85-3043PublishedCited by 48 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
This appeal from a denial of a petition for habeas corpus raises two issues: (1) whether Benjamin Berry was denied effective assistance of counsel in his state capital murder trial; and (2) whether this circuit should reconsider its position that excluding from the guilt phase of a capital case jurors who are absolutely opposed to the death penalty does not violate the constitutional rights of the defendant in light of the Eighth Circuit’s decision in Grigsby v. Mabry, 758 F.2d 226 (8th Cir.1985), petition for cert. filed sub nom Lockhart v. McCree, 53 U.S.L.W.…
2Cases cited16 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Pulley v. HarrisSupreme Court of the United States · 1984
- Tison v. ArizonaSupreme Court of the United States · 1982
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
11 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
- Larry Gene Bell v. Parker Evatt, Commissioner, South Carolina Department of Corrections T. Travis Medlock, Attorney General, State of South CarolinaCourt of Appeals for the Fourth Circuit · 1995
- Dale Tippins v. Hans Walker, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- Mauro Caballero v. John P. KeaneCourt of Appeals for the Second Circuit · 1994
- United States v. Askia WashingtonCourt of Appeals for the Third Circuit · 2017
43 more not listed; retrieve them via the Exa API.