Legal Opinion

Edgar Labat and Clifton Alton Poret v. Robert B. Bennett, Acting Warden, Louisiana State Penitentiary

Court of Appeals for the Fifth Circuit

Decided September 30, 1966No. 22218PublishedCited by 142 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

“The law hath not been dead, though it hath slept.” 1

“Death” for thirteen years has kept close tab on Edgar Labat and Clifton Poret. March 23, 1953, an all-white jury in the Criminal District Court for the Parish of Orleans, Louisiana, found La-bat and Poret, the two Negro petitioners in this habeas corpus proceeding, guilty of the aggravated rape of a white woman. The jury brought in no recommendation of mercy; the defendants were sentenced to death by electrocution. Since then they have been in solitary confinement on Death Row in the Louisiana State Penitentiary. Nine…

2Cases cited63 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Fay v. NoiaSupreme Court of the United States · 1963
  5. Yick Wo v. HopkinsSupreme Court of the United States · 1886

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

3Cited by142 opinions

  1. Parker v. North CarolinaSupreme Court of the United States · 1970
  2. John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
  3. Ford Motor Co. v. Texas Department of TransportationCourt of Appeals for the Fifth Circuit · 2001
  4. Willie B. Brooks v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
  5. People v. SirhanCalifornia Supreme Court · 1972

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