Legal Opinion

Benjamin Neil Preacher v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided October 1, 1980No. 79-2529PublishedCited by 9 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

Benjamin Neil Preacher, convicted of aggravated robbery in Texas state court and sentenced to 50 years imprisonment, appeals the denial of his petition for habeas relief brought under 28 U.S.C. § 2254. He claims three bases for the relief sought: (1) a pretrial lineup was impermissibly suggestive, in violation of his Fourteenth Amendment right to due process, (2) the prosecution improperly withheld favorable evidence, and (3) the district court applied the wrong standard in evaluating the sufficiency of the evidence in support of his conviction. Finding no error, we…

2Cases cited14 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Neil v. BiggersSupreme Court of the United States · 1972
  4. United States v. AgursSupreme Court of the United States · 1976
  5. Stovall v. DennoSupreme Court of the United States · 1967

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. United States v. Michael G. Thevis, Alton Bart Hood, Global Industries, Inc., Anna Jeanette EvansCourt of Appeals for the Fifth Circuit · 1982
  2. John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  3. M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
  4. Carlos Lavernia v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
  5. Glenn S. Passman v. Frank Blackburn, WardenCourt of Appeals for the Fifth Circuit · 1981

4 more not listed; retrieve them via the Exa API.

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