Legal Opinion
Rosario Joseph Dispensa v. James A. Lynaugh, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided September 4, 1987No. 86-2894PublishedCited by 9 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The State of Texas appeals from a district court order granting a prisoner convicted of rape a writ of habeas corpus due to the suggestiveness of the identification procedures the police used and the subsequent unreliability of the in-court identification evidence offered by the victim. Because we conclude that new evidence introduced at the federal habeas corpus hearing makes the petitioner’s claims stronger than they were when presented to the state courts, we vacate the writ and remand for exhaustion of state remedies.
I
In 1982 Rosario Joseph Dispensa was…
2Cases cited10 opinions
- Neil v. BiggersSupreme Court of the United States · 1972
- Picard v. ConnorSupreme Court of the United States · 1971
- Anderson v. HarlessSupreme Court of the United States · 1982
- Duckworth v. SerranoSupreme Court of the United States · 1981
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Richard S. Demarest v. William Price Gale Norton, Attorney General of the State of ColoradoCourt of Appeals for the Tenth Circuit · 1997
- Arthur Nathaniel Aiken v. James Spalding, Superintendent, Washington State Penitentiary, and Slade Gorton, Attorney General, State of WashingtonCourt of Appeals for the Ninth Circuit · 1988
- Ybarra v. SumnerDistrict Court, D. Nevada · 1988
- Rosario Joseph Dispensa v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
- Morse v. TrippettCourt of Appeals for the Sixth Circuit · 2002
4 more not listed; retrieve them via the Exa API.