Legal Opinion

Richard Sims v. Joe S. Hopper, Warden, Georgia State Prison

Court of Appeals for the Fifth Circuit

Decided October 1, 1979No. 79-1599PublishedCited by 4 opinions

1Per curiam

For the reasons, one excepted, given in the magistrate’s report to the district court, we affirm that court’s judgment. That report was made and adopted before we found ourselves in the business of reviewing the sufficiency, as opposed to the absence, of evidence in state court convictions. Our former rule was to the contrary. See, e. g., Young v. Alabama, 443 F.2d 854 (5th Cir. 1971). The report, therefore, properly declined to consider that question. Being now required to entertain such claims (perhaps retroactively, to one degree or another) and one having arguably been made here, we have…

2Cases cited2 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. In Re WINSHIPSupreme Court of the United States · 1970

3Cited by4 opinions

  1. M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
  2. Claxton Council Davis v. L. C. McAllister and Jim Smith, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1980
  3. Denver Ray Pate v. Louie L. Wainwright, Etc.Court of Appeals for the Fifth Circuit · 1979
  4. Benjamin Neil Preacher v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980

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