Legal Opinion
Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam Austin
Court of Appeals for the Fifth Circuit
Decided February 17, 1981No. 80-7476, 80-7477, 80-7664 and 80-7665PublishedCited by 82 opinions
1Opinion of the Court
R. LANIER ANDERSON, Circuit Judge:
Appellant Jack Howard Potts was sentenced to be executed pursuant to two convictions: one for kidnapping with bodily injury and the other for first degree murder. He brings this appeal of four consolidated petitions for habeas corpus, claiming he has been improperly denied federal review on the merits of his claims. The unusual factual circumstances surrounding Potts’ filing of these petitions requires this panel to examine important questions concerning abuse of the writ of habeas corpus. Because we find that the district court should have granted a hearing…
2Cases cited48 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Sanders v. United StatesSupreme Court of the United States · 1963
- MacHibroda v. United StatesSupreme Court of the United States · 1962
43 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Joseph Thomas v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Hurst v. CookUtah Supreme Court · 1989
- Calvin Gunn v. Lanson Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1989
- John Eldon Smith v. Ralph M. Kemp, Superintendent, Georgia Diagnostic & Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Glenn Lamar Spradley v. Richard L. Dugger, Robert A. Butterworth, the Attorney General of the State of FloridaCourt of Appeals for the Eleventh Circuit · 1987
77 more not listed; retrieve them via the Exa API.