Legal Opinion
Burns v. Estelle
Court of Appeals for the Fifth Circuit
Decided April 11, 1979No. 78-3109PublishedCited by 61 opinions
1Opinion of the Court
GEE, Circuit Judge:
Witherspoon v. Illinois1 and its progeny form the legal terrain of this difficult and distressing case. Its factual merits are not involved, so that — mercifully—we are spared recounting the pitiful details of the *1299gross and brutal murder which the evidence amply shows this habeas petitioner committed. The only points before us concern the manner in which the jury that imposed his death penalty was constituted. Suffice it to say that if any crime merits such punishment, it is thoroughly deserved by Burns. Nevertheless, a faithful observance of Supreme Court authority forbids…
2Cases cited8 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Lockett v. OhioSupreme Court of the United States · 1978
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Boulden v. HolmanSupreme Court of the United States · 1969
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Adams v. TexasSupreme Court of the United States · 1980
- Hansen v. StateMississippi Supreme Court · 1991
- Jones v. StateMississippi Supreme Court · 1984
- Raymond Walker, Cross-Appellant v. Ted Engle, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- William Henry Hance v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
56 more not listed; retrieve them via the Exa API.