Legal Opinion

Arthur W. Tifford v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation

Court of Appeals for the Fifth Circuit

Decided March 28, 1979No. 78-1741PublishedCited by 10 opinions

ON PETITION FOR REHEARING

1Per curiam

In Tifford v. Wainwright, 588 F.2d 954 (5th Cir. 1979), this court upheld the issuance of a writ of habeas corpus on the ground that State of Florida’s refusal to grant Tifford’s motion for severance made his trial fundamentally unfair. The Florida Court of Appeal had previously resolved the severance issue in the favor of the State. Tifford v. State, 334 So.2d 91 (Fla.App. 1976). The State had, in its original briefs before the district court and this court, taken the position that the Florida Court of Appeal’s' disposition was limited solely to issues of state law. In its petition for…

2Cases cited4 opinions

  1. Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
  2. Response of Carolina, Inc. v. Leasco Response, Inc.Court of Appeals for the Fifth Circuit · 1976
  3. Arthur W. Tifford v. Louie L. Wainwright, Secretary, Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1979
  4. Tifford v. StateDistrict Court of Appeal of Florida · 1976

3Cited by10 opinions

  1. Wilmer Lane Easter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
  2. Jack Messelt v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1979
  3. Jackie Vance Lowery v. W.J. Estelle, Jr., Director Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1983
  4. Harold D. Mayberry v. J. O. Davis, Warden, G. K. Fountain Correctional Center, State of AlabamaCourt of Appeals for the Fifth Circuit · 1979
  5. George Miller v. R. v. Turner and the Attorney General of the State of FloridaCourt of Appeals for the Fifth Circuit · 1981

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