Legal Opinion
Gully v. Kunzman
Court of Appeals for the Sixth Circuit
Decided January 18, 1979No. 78-3605PublishedCited by 52 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
Petitioners, Terry Lee Gully and Billy Ray Gully, are in state custody in Kentucky awaiting a retrial for murder and other crimes after their earlier convictions were reversed on appeal. The State did not seek the death penalty at the first trial, but the trial court has now ruled that petitioners may be subjected on retrial to the provisions of Kentucky’s recently enacted death penalty statute. The question in this case is whether petitioners are entitled to “pretrial” habeas corpus relief on the ground that their retrial subject to the risk of receiving the death…
2Cases cited27 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- North Carolina v. PearceSupreme Court of the United States · 1969
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Burks v. United StatesSupreme Court of the United States · 1978
22 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Atkins v. MichiganCourt of Appeals for the Sixth Circuit · 1981
- Gilliam v. FosterCourt of Appeals for the Fourth Circuit · 1996
- Atkins v. People Of MichiganCourt of Appeals for the Sixth Circuit · 1981
- Samuel Delk v. Frank D. AtkinsonCourt of Appeals for the Sixth Circuit · 1981
- Robinson v. WadeCourt of Appeals for the Fifth Circuit · 1982
47 more not listed; retrieve them via the Exa API.