Legal Opinion

Robert Gissendanner v. Louie L. Wainwright, Samuel Choice v. Louie L. Wainwright, John Forest Smalley v. Louie L. Wainwright

Court of Appeals for the Fifth Circuit

Decided July 17, 1973No. 72-1311, 72-1565, 72-1566PublishedCited by 37 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

In this consolidated appeal from the denial of federal habeas corpus relief, the petitioners (all three of whom were convicted in a Florida court on a charge of rape) contend that the decision was wrong for these reasons: (i) a car belonging to petitioner Smalley was illegally searched without a warrant or his consent with the damaging fruits being introduced against all, (ii) a statement made by petitioner Gissendanner at the time of his arrest was involuntary and, therefore, should have been suppressed, (iii) Choice and Smalley were unfairly incriminated by the…

2Cases cited28 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Bruton v. United StatesSupreme Court of the United States · 1968

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

3Cited by37 opinions

  1. Raymond L. Buckelew and James Laney Jenkins v. United States of America, Judson Lee Drane v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  2. United States v. Wayne Garfield Brookins, IIICourt of Appeals for the Fifth Circuit · 1980
  3. State v. WilliamsSupreme Court of Iowa · 1979
  4. State v. BurdgessSupreme Court of Louisiana · 1983
  5. United States v. Albert Samuel Fortna, Jr., James Lyne Harnage, George M. Sharer, and Christopher James ReoCourt of Appeals for the Fifth Circuit · 1986

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

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