Legal Opinion
Johnny Lee Clarke v. T. Ralph Grimes, Sheriff, Fulton County, Georgia
Court of Appeals for the Fifth Circuit
Decided March 24, 1967No. 23905PublishedCited by 17 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
Johnny Lee Clarke is under sentence of death by electrocution by a Georgia state court for murder which arose out of an armed robbery. His petition for habeas corpus to the federal district court was dismissed without a hearing because he did not allege that he had exhausted his available remedies in the Georgia state courts.
His petition for habeas corpus raised two important questions. First, did the state court err in signing an order fixing the date of electrocution in the absense of appellant and his counsel; and, second, was the state court conviction void…
2Cases cited14 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Darr v. BurfordSupreme Court of the United States · 1950
- Ex Parte RoyallSupreme Court of the United States · 1886
- Giles v. MarylandSupreme Court of the United States · 1967
- Duane Earl Pope v. United StatesCourt of Appeals for the Eighth Circuit · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
- Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
- Gerald Henry Irving, Jr. v. C. E. Breazeale, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968
- L. C. McGarrah v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1967
- Leon Brent v. Wingate White, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1968
12 more not listed; retrieve them via the Exa API.