Legal Opinion

Jimmy D. Pemberton v. James Collins, Director, Texas Department of Criminal Justice, Institutional Division

Court of Appeals for the Fifth Circuit

Decided May 27, 1993No. 91-1327PublishedCited by 61 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Jimmy Dale Pemberton appeals the district court’s denial of habeas corpus relief, claiming that his conviction for murder violated the federal Constitution. Pemberton is currently serving a life term in prison for the crime. Convinced that his conviction presents no constitutional error, we affirm. In so doing we reach a question of first impression: whether on habeas review of a state court conviction a federal court may consider a confession admitted at trial but subsequently held inadmissible under state law by a state appellate court. We hold that it may.

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In…

2Cases cited24 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Arizona v. FulminanteSupreme Court of the United States · 1991

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

3Cited by61 opinions

  1. Jonathan Wayne Nobles v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
  2. West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
  3. Milton Eugene Cupit v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1994
  4. Henry Lee Lucas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
  5. Robert Anthony Carter v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997

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

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