Legal Opinion
Wesley Joe Tarpley v. W.J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided April 18, 1983No. 81-1596PublishedCited by 35 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The jury instructions in Wesley Joe Tarpley’s state criminal trial permitted the jury to convict him of a crime with which he was not charged. Because we conclude that the instructions thereby abridged Tarpley’s sixth and fourteenth amendment right to notice of the charges against him, we reverse the district court’s denial of his petition for a writ of habeas corpus.
In December 1975, someone burglarized the Imported Auto Center of Fort Worth, Texas. The burglars took the company checkbook and credit cards belonging to company employees. J.M. Gassiot’s credit…
2Cases cited39 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Kirby v. IllinoisSupreme Court of the United States · 1972
- Cupp v. NaughtenSupreme Court of the United States · 1973
- Stirone v. United StatesSupreme Court of the United States · 1960
34 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- E.K. Wilcox, Jr., Cross-Appellant v. J. Paul Ford, Warden, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1987
- Clifton Fransaw v. James A. Lynaugh, Interim Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
- David Jarrell v. Charles Balkcom, WardenCourt of Appeals for the Eleventh Circuit · 1984
- Albert Ricalday v. Raymond K. Procunier, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1984
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1984
30 more not listed; retrieve them via the Exa API.