Legal Opinion
Anderson v. Jones
Court of Appeals for the Fifth Circuit
Decided October 9, 1984No. 84-3001PublishedCited by 9 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
Diane Batiste Anderson and West Anderson appeal the district court’s denial of federal habeas relief, 28 U.S.C. § 2254. The district court examined the state record; no evidentiary hearing was conducted. Concluding that the Andersons are entitled to an evidentiary hearing to determine the sentencing judge’s understanding of the range of sentencing discretion accorded him by Louisiana law, we reverse and remand,
Facts
The Andersons were convicted of distribution of heroin in Louisiana state court in 1976. At that time La.R.S. 40:966 prescribed a sentence of life…
2Cases cited5 opinions
- Sumner v. MataSupreme Court of the United States · 1981
- Hicks v. OklahomaSupreme Court of the United States · 1980
- Emmett Hickerson v. Ross Maggio, Jr., Warden, and Attorney General of the State of LouisianaCourt of Appeals for the Fifth Circuit · 1982
- State v. HopkinsSupreme Court of Louisiana · 1979
- Arthur Williams v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1984
3Cited by9 opinions
- Kenneth Wayne Dupuy v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, RespondentCourt of Appeals for the Fifth Circuit · 1988
- Leon Rutherford King v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1987
- Royal A. Every v. Frank C. Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1986
- Eldridge Payton v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1991
- Nelson v. MaggioDistrict Court, E.D. Louisiana · 1984
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