Legal Opinion
William Michael Bryan v. Louie L. Wainwright, Director, Division of Corrections
Court of Appeals for the Fifth Circuit
Decided April 16, 1975No. 74--3179PublishedCited by 16 opinions
1Per curiam
The district court ordered release or retrial of a state prisoner on the ground that the jury which convicted him of manslaughter was unconstitutionally coerced by the giving of an Allen charge and a subsequent twenty minute deadline to “see if you can arrive at a verdict.” Bryan v. Wainwright, 377 F.Supp. 766 (M.D.Fla.1974). Deciding that the coercive effect, if any, of the state trial procedure does not reach constitutional proportions, we reverse with instructions to deny the petition for writ of habeas corpus.
The facts are not in issue, only their effect. The district court relied on the…
2Cases cited13 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas PanaccioneCourt of Appeals for the Third Circuit · 1969
- United States v. Anthony C. ThomasCourt of Appeals for the D.C. Circuit · 1971
- Winters v. United StatesDistrict of Columbia Court of Appeals · 1974
- Thomas Lester Thaggard v. United StatesCourt of Appeals for the Fifth Circuit · 1966
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Leslie Lowenfield v. C. Paul Phelps, Secretary of the Department of Corrections, State of LouisianaCourt of Appeals for the Fifth Circuit · 1987
- Montoya v. ScottCourt of Appeals for the Fifth Circuit · 1995
- Walter Johnson v. Richard L. Dugger, Director Division of Corrections, Jim Smith, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 1987
- United States v. Perry Joseph CheramieCourt of Appeals for the Fifth Circuit · 1975
- Boyd v. ScottCourt of Appeals for the Fifth Circuit · 1994
11 more not listed; retrieve them via the Exa API.