Legal Opinion
James L. Byrd v. Louie L. Wainwright, Director, Florida Division of Corrections
Court of Appeals for the Fifth Circuit
Decided June 24, 1970No. 28245PublishedCited by 150 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
This is an appeal from an order of the District Court granting Byrd’s petition for a writ of habeas corpus. We affirm.
On April 6, 1966 Byrd was indicted in Florida state court for rape, along with six other defendants. In May he moved for a severance, stating that his defense would vary from that of the codefendants, that he would require the testimony of certain of the codefendants and could not at any stage of the trial expect or compel any of them to be witnesses in his behalf, and that he could not resolve his ■ dilemma unless the codefendants were tried separately…
2Cases cited20 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Johnson v. New JerseySupreme Court of the United States · 1966
- Namet v. United StatesSupreme Court of the United States · 1963
- Schaffer v. United StatesSupreme Court of the United States · 1960
- Carlos Garza De Luna v. United StatesCourt of Appeals for the Fifth Circuit · 1962
15 more not listed; retrieve them via the Exa API.
3Cited by150 opinions
- United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
- United States v. Theodore J. Isaacs and Otto Kerner, Jr.Court of Appeals for the Seventh Circuit · 1974
- People v. BornholdtNew York Court of Appeals · 1973
- United States v. John L. MorrowCourt of Appeals for the Fifth Circuit · 1976
- United States v. Angelo Pepe and Thomas Miglionico, United States of America v. Albert Joseph Facchiano, Francis Santo, Paul SantoCourt of Appeals for the Eleventh Circuit · 1984
145 more not listed; retrieve them via the Exa API.