Legal Opinion
Calvin Gunn v. Lanson Newsome, Warden
Court of Appeals for the Eleventh Circuit
Decided August 7, 1989No. 87-8287PublishedCited by 54 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
While serving a Georgia life sentence for malice murder, Calvin Gunn petitioned the district court pro se for a writ of habeas corpus under 28 U.S.C. § 2254. Gunn’s sole basis for relief was that the trial court’s jury instruction on the issue of intent had unconstitutionally shifted the state’s burden of proof on that issue to Gunn. It was Gunn’s second federal habeas petition, and he had not raised this issue in his first petition, which he had also filed pro se. The state argued that the district court should summarily dismiss the petition under Rule 9(b) of the…
2Cases cited76 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Rose v. LundySupreme Court of the United States · 1982
- Teague v. LaneSupreme Court of the United States · 1989
71 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Kenneth Henley v. Willie E. Johnson, WardenCourt of Appeals for the Eleventh Circuit · 1989
- Anthony Aron v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
- Henry Lee McCoy v. Lansom Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1992
- Felder v. United StatesCourt of Appeals for the Ninth Circuit · 1976
- Marvin Edwin Johnson v. Harry K. Singletary, Jr., Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1991
49 more not listed; retrieve them via the Exa API.