Legal Opinion

James Gable v. Raymond D. Massey, Superintendent, Union Correctional Institution

Court of Appeals for the Fifth Circuit

Decided January 16, 1978No. 76-4191PublishedCited by 6 opinions

1Opinion of the Court

FAY, Circuit Judge:

Petitioner, James Gable, has appealed the district court’s denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. He raises the following two points on appeal: (1) whether the charge that he “did handle, fondle or make an assault upon one Ollie Mae Foreman, a female under the age of 14 years, in a lewd, lascivious or indecent manner” under Florida Statute § 800.04 is unconstitutionally vague and overbroad and (2) whether he was deprived of his right to a speedy trial under the Sixth Amendment or due process under the Fifth and Fourteenth…

2Cases cited8 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. HarrissSupreme Court of the United States · 1954
  3. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  4. State of Florida Ex Rel. Robert L. Shevin, Attorney General, Plaintiff v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1976
  5. Chesebrough v. StateSupreme Court of Florida · 1971

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3Cited by6 opinions

  1. State v. SchwartzmillerIdaho Supreme Court · 1984
  2. State v. SmithSupreme Court of New Hampshire · 1985
  3. State ex rel. McLellan v. CavanaughSupreme Court of New Hampshire · 1985
  4. City of Euclid v. BrackisOhio Court of Appeals · 1999
  5. Lee v. StateDistrict Court of Appeal of Florida · 1986

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