Legal Opinion

James K. Bassett v. S. Lamont Smith, Warden, Georgia State Prison

Court of Appeals for the Fifth Circuit

Decided July 17, 1972No. 71-2513PublishedCited by 24 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

In Smith v. Smith, 5 Cir. 1971, 454 F.2d 572, this court held that the alibi charge used in the state courts of Georgia violated due process standards. This appeal presents the narrow question of the extent to which that ruling will be given retroactive application.

I

James K. Bassett was indicted along with Charles Patterson on August 19, 1957, in the Bib County, Georgia, Superior Court for murder. Both defendants entered pleas of not guilty. Their cases were tried separately. On September 18, 1957, the jury found Bassett guilty of murder and recommended mercy.…

2Cases cited26 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Duncan v. LouisianaSupreme Court of the United States · 1968
  5. Johnson v. New JerseySupreme Court of the United States · 1966

21 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Oscar Brown Boykins, Jr. v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1984
  2. Carpenter v. United StatesDistrict of Columbia Court of Appeals · 1981
  3. Harry J. Manning v. Jimmy H. Rose, Warden, Tennessee State PenitentiaryCourt of Appeals for the Sixth Circuit · 1974
  4. Robert Gissendanner v. Louie L. Wainwright, Samuel Choice v. Louie L. Wainwright, John Forest Smalley v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1973
  5. Gary Maness v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1975

19 more not listed; retrieve them via the Exa API.

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