Legal Opinion
Darrell Gene Blackburn v. Armond Cross, Chairman and Commissioners, Probation & Parole Commission, Stateof Florida
Court of Appeals for the Fifth Circuit
Decided August 6, 1975No. 74--2333PublishedCited by 63 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
At issue in this case is the retroactivity vel non of the principle announced in Wingate v. Wainwright, 464 F.2d 209 (5th Cir. 1972). We believe that the weight of precedent supports the retroactive application of the Wingate principle, and we therefore reverse the district court.
I
On January 19, 1967, the petitioner was charged in an amended information with (1) breaking and entering a dwelling and unlawfully assaulting a person therein, and (2) attempted crime against nature. The petitioner entered a plea of not guilty and the trial by jury commenced.
At trial,…
2Cases cited22 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Ashe v. SwensonSupreme Court of the United States · 1970
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
17 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Don Garriga Chapman v. United StatesCourt of Appeals for the Fifth Circuit · 1977
- York v. StateCourt of Criminal Appeals of Texas · 2011
- United States v. Lawton Scott MockCourt of Appeals for the Fifth Circuit · 1979
- State v. ParadisIdaho Supreme Court · 1983
- United States v. Thomas A. LarkinCourt of Appeals for the Fifth Circuit · 1979
58 more not listed; retrieve them via the Exa API.