Legal Opinion

Robert Wilkerson v. John P. Whitley, Warden, Louisiana State Penitentiary, and Richard P. Ieyoub, Attorney General, State of Louisiana

Court of Appeals for the Fifth Circuit

Decided February 18, 1994No. 92-3319PublishedCited by 34 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Robert Wilkerson was convicted of second-degree murder in 1973. That conviction was overturned by the Louisiana Supreme Court because Wilkerson was shackled and gagged during trial. He was retried and again convicted and sentenced to life imprisonment in 1975. Fourteen years later, he filed for post-conviction relief in state court, claiming that several constitutional violations occurred at his second trial. The trial court denied relief, and the Louisiana Supreme Court denied writs in 1991.

Having exhausted his state remedies, Wilkerson brought a habeas corpus…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Davis v. AlaskaSupreme Court of the United States · 1974
  4. Griffith v. KentuckySupreme Court of the United States · 1987
  5. Taylor v. LouisianaSupreme Court of the United States · 1975

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

3Cited by34 opinions

  1. Chad Ruimveld v. Thomas Birkett, WardenCourt of Appeals for the Sixth Circuit · 2005
  2. Bagwell v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  3. Lawtis Donald RHODEN, Petitioner-Appellant, v. James ROWLAND; Attorney General of the State of California, Respondents-AppelleesCourt of Appeals for the Ninth Circuit · 1999
  4. Lynn Murphy Creel v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
  5. Bigby v. DretkeCourt of Appeals for the Fifth Circuit · 2003

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

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