Legal Opinion

Wilburn A. Henderson v. Willis Sargent, Warden, Arkansas Department of Correction

Court of Appeals for the Eighth Circuit

Decided February 19, 1991No. 90-1550PublishedCited by 44 opinions

1Opinion of the Court

LAY, Chief Judge.

The State of Arkansas appeals the district court’s 1 order granting a writ of habe-as corpus. The petitioner, Wilburn Henderson, challenges his conviction for capital murder on the grounds that his trial counsel was ineffective in both the guilt and penalty phases of his trial. The court found that trial counsel failed to investigate and develop evidence implicating other suspects in the murder. This evidence, available to counsel at the time of trial, creates significant doubt about Henderson’s guilt. The court also found that trial counsel failed to present mitigating…

2Cases cited30 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Smith v. MurraySupreme Court of the United States · 1986
  5. Kuhlmann v. WilsonSupreme Court of the United States · 1986

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3Cited by44 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Matter of Personal Restraint of RiceWashington Supreme Court · 1992
  3. Parrish Towns, Petitioner-Appellee/cross-Appellant v. David Smith, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2005
  4. Bryant v. ScottCourt of Appeals for the Fifth Circuit · 1994
  5. Zack v. StateSupreme Court of Florida · 2005

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