Legal Opinion
Gilbert v. Moore
Court of Appeals for the Fourth Circuit
Decided July 29, 1997No. Nos. 96-12, 96-13, 96-15, 96-16PublishedCited by 3 opinions
1Opinion of the Court
OPINION
DONALD S. RUSSELL, Circuit Judge:
The Director of the South Carolina Department of Corrections, in his official capacity, and the Attorney General of the State of South Carolina (collectively “the State”), appeal the district court’s final order granting Larry Gilbert’s and J.D. Gleaton’s individual petitions for writs of habeas corpus. Although we heard oral argument on the appeals and cross-appeals in seriatim, we consolidate both cases into this single opinion.
I
On Tuesday afternoon, July 12, 1977, half-brothers Gilbert and Gleaton drove around Cayce, South Carolina intending to…
2Cases cited22 opinions
- Estelle v. McGuireSupreme Court of the United States · 1991
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- O'NEAL v. McAninchSupreme Court of the United States · 1995
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3Cited by3 opinions
- Gilbert v. MooreCourt of Appeals for the Fourth Circuit · 1998
- Larry Gilbert v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Attorney General of the State of South Carolina, J.D. Gleaton v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Attorney General of the State of South Carolina, Larry Gilbert v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Attorney General of the State of South Carolina, J.D. Gleaton v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Attorney General of the State of South CarolinaCourt of Appeals for the Fourth Circuit · 1997
- Larry Gilbert v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Charles M. Condon, Attorney General of the State of South Carolina, J.D. Gleaton v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Charles M. Condon, Attorney General of the State of South Carolina, Larry Gilbert v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Charles M. Condon, Attorney General of the State of South Carolina, J.D. Gleaton v. Michael W. Moore, Director of the South Carolina Department of Corrections, in His Official Capacity Charles M. Condon, Attorney General of the State of South CarolinaCourt of Appeals for the Fourth Circuit · 1998