Legal Opinion
Frederick Kirkpatrick v. John P. Whitley, Warden, Louisiana State Penitentiary, St. Tammany Parish District Attorney's Office, Movant-Appellee
Court of Appeals for the Fifth Circuit
Decided May 20, 1993No. 91-3515PublishedCited by 51 opinions
1Opinion of the Court
POLITZ, Chief Judge:
Convicted of capital murder by a Louisiana jury and sentenced to death Frederick Kirkpatrick seeks federal habeas relief for the second time. The district court denied relief. We now vacate and remand for an evidentiary hearing to determine whether Kirkpatrick’s claims relating to prosecutorial misconduct are supported in fact and to reconsider the abuse of the writ issue in light of the intervening decision by the Supreme Court in Sawyer v. Whitley. 1
Background
In our prior panel opinion we summarized the facts:
On the night of January 27, 1982, Frederick Kirkpatrick and…
2Cases cited22 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- Murray v. CarrierSupreme Court of the United States · 1986
- Imbler v. PachtmanSupreme Court of the United States · 1976
- United States v. AgursSupreme Court of the United States · 1976
17 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Edmond v. CollinsCourt of Appeals for the Fifth Circuit · 1993
- Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
- Burge v. St. Tammany ParishCourt of Appeals for the Fifth Circuit · 2003
- United States v. Ralph Chavous Duke, Also Known as Plookie, Also Known as PlukeyCourt of Appeals for the Eighth Circuit · 1995
46 more not listed; retrieve them via the Exa API.