Legal Opinion
Irvin Scott, Jr. v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General
Court of Appeals for the Fifth Circuit
Decided January 20, 1983No. 81-3515PublishedCited by 14 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The question is, did the District Court err in accepting the recommendation of a magistrate to deny Irvin Scott, a convicted armed robber, habeas relief pursuant to 28 U.S.C. § 2254?
The answer is no and we affirm.
The facts are these. Going about the quotidian affairs of his employment as a vending machine operator, Kenneth Oliver was robbed of his watch, wallet and keys at gunpoint 1 in broad daylight on a New Orleans street. Moments after this crime the victim contacted the police. Miraculously, minutes after the report of the robbery, police officers arrived at…
2Cases cited21 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Neil v. BiggersSupreme Court of the United States · 1972
- Stovall v. DennoSupreme Court of the United States · 1967
- Rose v. LundySupreme Court of the United States · 1982
- Manson v. BrathwaiteSupreme Court of the United States · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States v. Jimmy Dewitt Webster, Sr., Candido Daniel Santiago, Barry Weinreich, Joe Buhajla, Arthur Byron Murphy, and Clarence RoyalstonCourt of Appeals for the Fifth Circuit · 1985
- United States v. Warren C. Hultgren, Jr., Fonda Gayle Hellums and Donald Thomas RondinelliCourt of Appeals for the Fifth Circuit · 1983
- Janecka v. CockrellCourt of Appeals for the Fifth Circuit · 2002
- State v. WelchSupreme Court of Louisiana · 1984
- Michael Harvey Vail v. Raymond K. Procunier, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
9 more not listed; retrieve them via the Exa API.