Legal Opinion
James Leggins v. A.L. Lockhart, Director, Arkansas Department of Correction
Court of Appeals for the Eighth Circuit
Decided July 31, 1987No. 86-2173PublishedCited by 41 opinions
1Opinion of the Court
LAY, Chief Judge.
This appeal arises out of the federal grant of a writ of habeas corpus on double jeopardy grounds by the district court. 1 The state urges that the petitioner is barred from raising his constitutional claim due to his procedural default by failing to raise the claim on direct appeal in state court. The district court held that the claim was novel and constituted cause for failure to previously raise the claim. We must respectfully disagree. We reverse, and remand with directions to deny the petition.
James Leggins was convicted by an Arkansas state court jury in 1979 of two…
2Cases cited24 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Burks v. United StatesSupreme Court of the United States · 1978
- Engle v. IsaacSupreme Court of the United States · 1982
19 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Michael McCall v. Dennis Benson, WardenCourt of Appeals for the Eighth Circuit · 1997
- Larry Doby Smittie v. A.L. Lockhart, Director, Arkansas Dept. Of CorrectionCourt of Appeals for the Eighth Circuit · 1988
- Winford L. Stokes, Jr. v. William M. Armontrout, William L. WebsterCourt of Appeals for the Eighth Circuit · 1988
- Donnie Lee Wyldes, Jr. v. Thomas Hundley, WardenCourt of Appeals for the Eighth Circuit · 1995
- Wilburn A. Henderson v. Willis Sargent, Warden, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1991
36 more not listed; retrieve them via the Exa API.