Legal Opinion
Harlin Phillip Seritt, Jr. v. State of Alabama
Court of Appeals for the Eleventh Circuit
Decided May 3, 1984No. 82-7127PublishedCited by 43 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
We are urged to hold the Alabama Habitual Felony Offenders Statute unconstitutional because it removes the trial court’s discretion to consider mitigating circumstances regarding the individual defendant when certain classes of convictions are present. We reject the position urged and affirm.
Facts
On May 6, 1980, David Wilson was employed at the Howard Johnson Motor Lodge in Jefferson County, Alabama. At about 1 p.m., Wilson went to a branch bank to cash checks for the motel and a check for a customer. Upon return to the motel, Wilson handed $100 in 5-dollar bills to…
2Cases cited12 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Solem v. HelmSupreme Court of the United States · 1983
- Rummel v. EstelleSupreme Court of the United States · 1980
- Weems v. United StatesSupreme Court of the United States · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Robert McGruder v. Steven W. PuckettCourt of Appeals for the Fifth Circuit · 1992
- William Chandler v. Otie Jones and Attorney General of the State of TennesseeCourt of Appeals for the Sixth Circuit · 1987
- Michael C. Tuitt v. Michael Fair, Massachusetts Commissioner of CorrectionsCourt of Appeals for the First Circuit · 1987
- State v. BergerArizona Supreme Court · 2006
- United States v. Kenneth Harold GourleyCourt of Appeals for the Tenth Circuit · 1987
38 more not listed; retrieve them via the Exa API.