Legal Opinion
Johnny Mack Westbrook v. Walter B. Zant, Warden, Georgia Diagnostic and Classification Center
Court of Appeals for the Eleventh Circuit
Decided May 16, 1983No. 81-7836PublishedCited by 91 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
State prisoner Johnny Mack Westbrook instituted this habeas corpus action by filing a petition containing both exhausted and unexhausted claims. Without holding an evidentiary hearing, the district court found all claims meritless and denied relief. We hold that the state’s waiver of the exhaustion requirement of 28 U.S.C.A. § 2254(b) permits us to address the merits of Westbrook’s unexhausted claims. The need for evidentiary proof as to underlying facts on an important issue, however, requires that we remand this case to the district court. We affirm in part, reverse…
2Cases cited98 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Bruton v. United StatesSupreme Court of the United States · 1968
- 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
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3Cited by91 opinions
- James Adams v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
- Betty Lou Beets v. Wayne Scott, Director Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1995
- William Lee Thompson v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
- David Peek v. Ralph Kemp, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1986
- Cochran v. StateCourt of Criminal Appeals of Alabama · 1984
86 more not listed; retrieve them via the Exa API.