Legal Opinion
Fulton v. Warden, Maryland Penitentiary
District Court, D. Maryland
Decided June 29, 1981No. Civ. A. J-78-1517PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SHIRLEY B. JONES, District Judge.
Petitioner Samuel Clifton Fulton was convicted of first degree murder on December 7, 1973 by a jury in the Baltimore City Criminal Court and was sentenced to imprisonment for the balance of his natural life. He filed this action under 28 U.S.C. § 2254, challenging an alibi instruction given at his trial, as unconstitutionally shifting the burden of proof to him.
No exception was taken to the instruction at trial, and no issue regarding it was raised on direct appeal. Petitioner appealed on other grounds, and his conviction was affirmed by…
2Cases cited18 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Wainwright v. SykesSupreme Court of the United States · 1977
- Mullaney v. WilburSupreme Court of the United States · 1975
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Hankerson v. North CarolinaSupreme Court of the United States · 1977
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Samuel Fulton, No. 127-943 v. Warden, Maryland Penitentiary, Ronald Fitzgerald Robinson, 125759 v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1984
- Simmons v. DalsheimDistrict Court, S.D. New York · 1982
- Jenkins v. SmithDistrict Court, D. Maryland · 1999
- Samuel Fulton, No. 127-943 v. Warden, Maryland Penitentiary, Ronald Fitzgerald Robinson, 125759 v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1984