Legal Opinion

Johnny Lee Rembert v. Richard L. Dugger

Court of Appeals for the Eleventh Circuit

Decided April 15, 1988No. 86-3535PublishedCited by 20 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

Johnny Lee Rembert, a Florida prisoner, alleges constitutional error in the state trial court’s refusal to instruct the jury on the lesser offenses included in his first degree murder charge. The district court denied habeas corpus relief and we affirm.

Rembert was indicted on September 27, 1983, for first degree murder and for attempted armed robbery committed on June 25, 1976. The trial court granted Rem-bert’s motion to dismiss the armed robbery count as barred by the statute of limitations. 1 Three times during his trial, Rem-bert waived the statute of limitations…

2Cases cited9 opinions

  1. Beck v. AlabamaSupreme Court of the United States · 1980
  2. Spaziano v. FloridaSupreme Court of the United States · 1984
  3. State v. AbreauSupreme Court of Florida · 1978
  4. Tucker v. StateSupreme Court of Florida · 1984
  5. Steve Camron Perry v. Freddy v. Smith, Commissioner, J.O. David, WardenCourt of Appeals for the Eleventh Circuit · 1987

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3Cited by20 opinions

  1. United States v. David Ronald Chandler, A/K/A Ronnie ChandlerCourt of Appeals for the Eleventh Circuit · 1993
  2. Robert TURNER, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1995
  3. Lynn Murphy Creel v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
  4. Eugene Issac Pitts v. A.L. Lockhart, DirectorCourt of Appeals for the Eighth Circuit · 1990
  5. Redman v. StateCourt of Appeals of Maryland · 2001

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