Legal Opinion
Gary Tyler v. C. Paul Phelps, Director, Department of Corrections, and Attorney General of the State of Louisiana, William Guste, Jr.
Court of Appeals for the Fifth Circuit
Decided July 24, 1980No. 79-3093PublishedCited by 24 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
Gary Tyler, appellant, was convicted of first degree murder in Louisiana state court and sentenced to die. On appeal, the death penalty 1 was vacated but the conviction was affirmed, State v. Tyler, 342 So.2d 574 (La.), cert. denied, 431 U.S. 917, 97 S.Ct. 2180, 53 L.Ed.2d 227 (1977). After unsuccessfully pursuing state habeas corpus, Tyler v. Phelps, 353 So.2d 1050 (La.1978), this 28 U.S.C. § 2254 action was filed. The district court denied relief and the petitioner appeals. We reverse and remand.
At the time of the offense, Gary Tyler was a 16-year-old student at…
2Cases cited34 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Sandstrom v. MontanaSupreme Court of the United States · 1979
29 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
- Nettles v. WainwrightCourt of Appeals for the Fifth Circuit · 1982
- Gary Tyler v. C. Paul Phelps, Director, Department of Corrections and Attorney General of the State of Louisiana, William Guste, Jr.Court of Appeals for the Fifth Circuit · 1981
- Robert Dietz v. Herman Solem, WardenCourt of Appeals for the Eighth Circuit · 1981
19 more not listed; retrieve them via the Exa API.