Legal Opinion
Thigpen v. Smith
District Court, S.D. Alabama
Decided March 13, 1985No. Civ. A. 82-0456-HPublishedCited by 5 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
HAND, Chief Judge.
This death penalty case came before the Court pursuant to a petition for writ of habeas corpus, 28 U.S.C. § 2254, filed by Donald Thigpen. Petitioner was convicted in 1976 of violating Title 14, § 319 Code of Alabama, 1940 (Recompiled 1958). That statute, since repealed, provided for a mandatory sentence of death where an inmate under a sentence of life imprisonment was convicted of murder. Petitioner has challenged § 319’s constitutionality, both facially and as applied. 1 For the reasons set forth below, this Court has concluded that…
2Cases cited95 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Furman v. GeorgiaSupreme Court of the United States · 1972
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3Cited by5 opinions
- Jerry Lee Staley v. Kurt JonesCourt of Appeals for the Sixth Circuit · 2001
- Donald Thigpen v. Morris Thigpen, Commissioner, Alabama Department of Corrections, Willie D. Johnson, Warden, Holman UnitCourt of Appeals for the Eleventh Circuit · 1991
- Coleman v. StateIdaho Supreme Court · 1988
- Harper v. GrammerDistrict Court, D. Nebraska · 1987
- Coleman v. StateIdaho Supreme Court · 1988