Legal Opinion
Blankenship v. Johnson
Court of Appeals for the Fifth Circuit
Decided July 17, 1997No. 95-40638PublishedCited by 32 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
JERRY E. SMITH, Circuit Judge:
Since the panel opinion was issued in this ease, see Blankenship v. Johnson, 106 F.3d 1202 (5th Cir.1997), the Supreme Court has held §§ 101-106 of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (codified at 28 U.S.C. §§ 2244, 2253-2254), inapplicable to non-capital habeas corpus petitions filed before the act’s effective date of April 24, 1996. See Lindh v. Murphy, - U.S. -, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). As the petitioner’s habeas petition pre-dated the act, he is…
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Penson v. OhioSupreme Court of the United States · 1988
- Teague v. LaneSupreme Court of the United States · 1989
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Lindh v. MurphySupreme Court of the United States · 1997
24 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- O'Brien v. DuboisCourt of Appeals for the First Circuit · 1998
- Fisher v. State of TexasCourt of Appeals for the Fifth Circuit · 1999
- United States v. Murleen Kay KunzmanCourt of Appeals for the Tenth Circuit · 1997
- Clark v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Smith v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
27 more not listed; retrieve them via the Exa API.