Legal Opinion
Davis v. Maynard
Court of Appeals for the Tenth Circuit
Decided August 17, 1990No. 87-1657PublishedCited by 23 opinions
1Opinion of the Court
PER CURIAM.**
In our original panel opinion, 869 F.2d 1401, we upheld the constitutionality of petitioner Charles Davis’ first degree murder conviction under 21 Okla.Stat. § 701.7, but vacated his death sentence as violative of the eighth amendment. 28 U.S.C. § 2254. We held, inter alia, that the state court’s anti-sympathy1 and aggravating circumstance 2 instructions were impermissibly overbroad — the former because the instruction may have led the jury to discount sympathy based on the mitigating evidence, and the latter because the instruction did not sufficiently limit the jury’s…
2Cases cited17 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Lockett v. OhioSupreme Court of the United States · 1978
- Eddings v. OklahomaSupreme Court of the United States · 1982
- Penry v. LynaughSupreme Court of the United States · 1989
- Godfrey v. GeorgiaSupreme Court of the United States · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cargle v. MullinCourt of Appeals for the Tenth Circuit · 2003
- Moore v. GibsonCourt of Appeals for the Tenth Circuit · 1999
- Mitchell v. StateCourt of Criminal Appeals of Oklahoma · 1994
- Stiles v. StateCourt of Criminal Appeals of Oklahoma · 1992
- Black v. StateCourt of Criminal Appeals of Oklahoma · 2001
18 more not listed; retrieve them via the Exa API.