Legal Opinion
Faraji Omar Garth v. Cecil Davis, Superintendent of the Indiana State Prison
Court of Appeals for the Seventh Circuit
Decided December 11, 2006No. 05-3084PublishedCited by 38 opinions
1Opinion of the Court
KANNE, Circuit Judge.
Faraji Omar Garth (“Garth”) was convicted of robbery and of being an accomplice to attempted murder. The State alleged that Garth and his brother, Ahman Garth (“Ahman”), along with two others, robbed a convenience store and attempted to kill the clerk. After his conviction was affirmed on direct appeal, Garth filed a petition for relief in federal court under 28 U.S.C. § 2254 claiming that the jury instruction given at the state trial, regarding attempted murder, violated due process. The district court granted Garth’s petition. We believe that § 2254 relief was…
2Cases cited20 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Estelle v. McGuireSupreme Court of the United States · 1991
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Cupp v. NaughtenSupreme Court of the United States · 1973
- United States v. GaudinSupreme Court of the United States · 1995
15 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Nicole Harris v. Sheryl ThompsonCourt of Appeals for the Seventh Circuit · 2012
- Jones v. BasingerCourt of Appeals for the Seventh Circuit · 2011
- Sussman v. JenkinsCourt of Appeals for the Seventh Circuit · 2011
- Matthew C. Stechauner v. Judy P. SmithCourt of Appeals for the Seventh Circuit · 2017
- Smiley v. ThurmerCourt of Appeals for the Seventh Circuit · 2008
33 more not listed; retrieve them via the Exa API.