Legal Opinion
Donald Wayne Thomas, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee
Court of Appeals for the Eleventh Circuit
Decided July 28, 1986No. 85-8655PublishedCited by 67 opinions
1Opinion of the Court
RONEY, Circuit Judge:
Donald Wayne Thomas was convicted by a jury in the Superior Court of Fulton County, Georgia, and sentenced to death for the murder of nine-year-old Dewey Baugus. 1 When the instant habeas corpus petition was filed in the federal court, the execution scheduled for May 15, 1984 was stayed. After an evidentiary hearing, the district court granted relief on two grounds: (1) ineffective assistance of counsel at the sentencing for failure to present mitigating evidence, and (2) a constitutionally insufficient jury charge as to mitigating circumstances at sentencing.
On the…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
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3Cited by67 opinions
- Robert Kubat, Cross-Appellee v. James Thieret, Warden, and Neil F. Hartigan, Attorney General of Illinois, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1989
- People v. PensingerCalifornia Supreme Court · 1991
- Borden v. AllenCourt of Appeals for the Eleventh Circuit · 2011
- State v. SavageSupreme Court of New Jersey · 1990
- James Armando Card v. Richard L. DuggerCourt of Appeals for the Eleventh Circuit · 1990
62 more not listed; retrieve them via the Exa API.