Legal Opinion
James Walter Cherry v. Director, State Board of Corrections
Court of Appeals for the Fifth Circuit
Decided March 17, 1980No. 79-1525PublishedCited by 11 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
Appellant James Cherry seeks a reversal of the judgment of the district court denying him habeas corpus relief from a 1963 conviction in the Superior Court of Fulton County, Georgia for robbery by use of an offensive weapon. We reverse the district court for the reasons set forth in this opinion.
In October 1963, Cherry was put on trial in Georgia state court on the robbery charge.1 On the first day of trial, at 4:30 p. m., after two witnesses had already testified and a third was being examined, the trial judge was informed that the mother of one of the jurors had died.2…
2Cases cited25 opinions
- Giglio v. United StatesSupreme Court of the United States · 1972
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Fay v. NoiaSupreme Court of the United States · 1963
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
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3Cited by11 opinions
- Torres v. StateCourt of Criminal Appeals of Texas · 1981
- Chambers v. ThompsonCourt of Appeals for the Eleventh Circuit · 1998
- James Walter Cherry v. Director, State Board of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- Wayne Fox v. Ira KelsoCourt of Appeals for the Eleventh Circuit · 1990
- State v. OldakerWest Virginia Supreme Court · 1983
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