Legal Opinion
Kenneth David Skelton v. John P. Whitley, Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided January 6, 1992No. 90-3904PublishedCited by 45 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
In this successive federal habeas corpus petition following his 1975 conviction for first-degree murder, appellant Kenneth David Skelton argues that the court’s jury instructions called for a higher degree of doubt for acquittal than the reasonable doubt standard of In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 1072, 25 L.Ed.2d 368 (1970). If his conviction were on direct appeal, the Supreme Court’s decision in Cage v. Louisiana, — U.S. -, 111 S.Ct. 328, 330, 112 L.Ed.2d 339 (1990), which invoked Winship to invalidate jury instructions similar to those used at…
2Cases cited37 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Coleman v. ThompsonSupreme Court of the United States · 1991
- In Re WINSHIPSupreme Court of the United States · 1970
- Gideon v. WainwrightSupreme Court of the United States · 1963
32 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Willie Clisby, Cross-Appellant v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1992
- Leavitt v. AraveCourt of Appeals for the Ninth Circuit · 2004
- Rodriguez v. Superintendent, Bay State Correctional CenterCourt of Appeals for the First Circuit · 1998
- Nutter v. WhiteCourt of Appeals for the Eleventh Circuit · 1994
- Ward v. CainCourt of Appeals for the Fifth Circuit · 1995
40 more not listed; retrieve them via the Exa API.