Legal Opinion
Richard Tucker v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent
Court of Appeals for the Eleventh Circuit
Decided July 23, 1985No. 83-8466PublishedCited by 91 opinions
1Opinion of the Court
R. LANIER ANDERSON, III, Circuit Judge:
INTRODUCTION
This case was taken en banc principally to consider two of the several constitutional claims asserted by appellant Richard Tucker. In Section One of this opinion, we discuss the claim that the instructions on intent at Tucker’s trial impermissibly shifted the burden of proof in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). We conclude that there was a Sandstrom error, but that the error was harmless beyond a reasonable doubt. In Section Two of this opinion, we discuss Tucker’s claim that the…
2Cases cited28 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Griffin v. CaliforniaSupreme Court of the United States · 1965
23 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Rose v. ClarkSupreme Court of the United States · 1986
- People v. MedinaCalifornia Supreme Court · 1995
- Henry Arthur Drake v. Ralph Kemp, WardenCourt of Appeals for the Eleventh Circuit · 1985
- Charles R. Campbell v. Larry KincheloeCourt of Appeals for the Ninth Circuit · 1987
- Cargill v. TurpinCourt of Appeals for the Eleventh Circuit · 1997
86 more not listed; retrieve them via the Exa API.