Legal Opinion
Jack Higgins v. Don Smith, Superintendent of Fulton Reception and Diagnostic Center
Court of Appeals for the Eighth Circuit
Decided April 13, 1993No. 92-3224PublishedCited by 13 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
This is a habeas corpus case. Petitioner asserts that he was given a sentence in excess of that permitted by state law because an amendment to Missouri’s drug laws that reduced the maximum possible sentence, see Mo.Rev.Stat. § 195.211, was applicable to his case but mistakenly not applied to it by his sentencing court. (See State v. Freeman, 791 S.W.2d 471, 473 (Mo.Ct.App.1990), holding that Mo.Rev. Stat. § 1.160(2) makes the relevant amendment applicable to petitioner.) The district court agreed with petitioner’s construction of state law (as we do),…
2Cases cited7 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Sawyer v. WhitleySupreme Court of the United States · 1992
- Smith v. MurraySupreme Court of the United States · 1986
- Kenneth Jones v. State of ArkansasCourt of Appeals for the Eighth Circuit · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Edwin Marrero v. Richard IvesCourt of Appeals for the Ninth Circuit · 2012
- United States v. Thomas John MaybeckCourt of Appeals for the Fourth Circuit · 1994
- Elbert Whaley Jones v. Gary Jerrison, Parole Officer Cranston Mitchell, Board of Probation and Parole and the Attorney General of MissouriCourt of Appeals for the Eighth Circuit · 1994
- Robert J. Anderson v. United StatesCourt of Appeals for the Eighth Circuit · 1994
- Walter Dean Waring v. Paul Delo, Superintendent, Potosi Correctional Center, Missouri Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1993
8 more not listed; retrieve them via the Exa API.