Legal Opinion
Leroy Thomas, Jr. v. State of Indiana
Court of Appeals for the Seventh Circuit
Decided August 15, 1990No. 89-3040PublishedCited by 48 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Leroy Thomas, Jr., was convicted in an Indiana state court in 1979 of murder, and was sentenced to prison for thirty years. After exhausting his state remedies in Thomas v. State, 420 N.E.2d 1216 (Ind.1981), he brought this action for federal habeas corpus, and prevailed in the district court, which ordered the state to either release or retry him.
That Thomas committed the homicide has never been questioned. His only defense was insanity, which he had to prove by a preponderance of the evidence, Ind.Code § 35-41-4-1, and of which there was, indeed, evidence aplenty. He…
2Cases cited28 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Teague v. LaneSupreme Court of the United States · 1989
- Doyle v. OhioSupreme Court of the United States · 1976
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Granberry v. GreerSupreme Court of the United States · 1987
23 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Paul Eichwedel v. Brad CurryCourt of Appeals for the Seventh Circuit · 2012
- R.E. Wood, Jr. And Julie Wood v. Mid-Valley IncorporatedCourt of Appeals for the Seventh Circuit · 1991
- Wallace E. Ehrhart v. Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1992
- United States v. Guy Giovannetti and Nicholas JanisCourt of Appeals for the Seventh Circuit · 1990
- Will Stone v. City And County Of San FranciscoCourt of Appeals for the Ninth Circuit · 1992
43 more not listed; retrieve them via the Exa API.