Legal Opinion

Smith v. Brewer

District Court, S.D. Iowa

Decided January 17, 1978No. 76-284-2PublishedCited by 41 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HANSON, Senior District Judge.

This matter is before the Court on the application for a writ of habeas corpus submitted by Walter Smith, Jr., pursuant to 28 U.S.C. § 2254. Smith, an inmate at the Iowa State Penitentiary, attacks his March 20, 1973 conviction for first degree murder in Polk County District Court on the grounds that jury misconduct deprived him of his Sixth Amendment rights as guaranteed by the Fourteenth Amendment to be tried by an impartial jury and to confront witnesses against him.

Subsequent to the return of the jury’s guilty verdict, Smith’s counsel…

2Cases cited30 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  3. WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
  4. Walker v. JohnstonSupreme Court of the United States · 1941
  5. Clark v. United StatesSupreme Court of the United States · 1933

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3Cited by41 opinions

  1. Commonwealth v. TavaresMassachusetts Supreme Judicial Court · 1982
  2. United States v. John M. Logan (99-6176) Alan Michael Laws(99-6198)Court of Appeals for the Sixth Circuit · 2001
  3. Leonard Lacy v. Joseph Gardino, Superintendent, Northeastern Correctional Center--ConcordCourt of Appeals for the First Circuit · 1986
  4. Raul Lara Martinez v. Food City, Inc., D/B/A FoodlandCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. Rex Henley, Rafael Bustamante, Willie McGowan and Garey WestCourt of Appeals for the Ninth Circuit · 2001

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