Legal Opinion
Donald M. Wingate v. Louie L. Wainwright, Director, Division of Corrections, Department of Health and Rehabilitative Services, State of Florida
Court of Appeals for the Fifth Circuit
Decided July 25, 1972No. 71-2898PublishedCited by 127 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
Donald Wingate appeals from the judgment of the district court dismissing his petition for a writ of habeas corpus in connection with his Florida state conviction for robbery. After careful examination of the record we conclude that harmful constitutional error was committed in the course of the state court trial. We therefore reverse the judgment of the district court and remand with instructions.
Wingate was tried before a jury in the Florida Criminal Court for the July 9, 1968 robbery of a small store. Over defense objections the state announced to the jury that it…
2Cases cited26 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Benton v. MarylandSupreme Court of the United States · 1969
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Williams v. StateSupreme Court of Florida · 1959
- Sealfon v. United StatesSupreme Court of the United States · 1948
21 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Landers v. StateCourt of Criminal Appeals of Texas · 1977
- York v. StateCourt of Criminal Appeals of Texas · 2011
- United States v. Patrice Mespoulede, A/K/A "Patrice Fabre"Court of Appeals for the Second Circuit · 1979
- David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Lawton Scott MockCourt of Appeals for the Fifth Circuit · 1979
122 more not listed; retrieve them via the Exa API.