Legal Opinion

Magill v. Dugger

Court of Appeals for the Eleventh Circuit

Decided July 28, 1987No. 85-3820PublishedCited by 65 opinions

1Opinion of the Court

CLARK, Circuit Judge:

Paul Magill appeals from an order of the district court denying habeas corpus relief from his murder conviction and death sentence. Because we find that the sentencing proceeding which resulted in a death sentence was prejudiced by the combination of trial counsel’s ineffectiveness and the advisory jury’s failure to consider non-statutory mitigating circumstances, we reverse.

I. BACKGROUND

The facts surrounding this homicide were, with minor exceptions, undisputed at trial and were derived mostly from Magill’s taped confession and in-court testimony. Magill was a seventeen…

2Cases cited46 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockett v. OhioSupreme Court of the United States · 1978
  3. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  4. Wainwright v. WittSupreme Court of the United States · 1985
  5. Engle v. IsaacSupreme Court of the United States · 1982

41 more not listed; retrieve them via the Exa API.

3Cited by65 opinions

  1. Ouber v. GuarinoCourt of Appeals for the First Circuit · 2002
  2. Virgil Lee Brownlee v. Michael HaleyCourt of Appeals for the Eleventh Circuit · 2002
  3. James Armando Card v. Richard L. DuggerCourt of Appeals for the Eleventh Circuit · 1990
  4. Fugate v. HeadCourt of Appeals for the Eleventh Circuit · 2001
  5. Larry Gene Heath v. Charlie Jones, WardenCourt of Appeals for the Eleventh Circuit · 1991

60 more not listed; retrieve them via the Exa API.

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