Legal Opinion
Narvaiz v. Johnson
Court of Appeals for the Fifth Circuit
Decided January 30, 1998No. 97-50312PublishedCited by 29 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
Leopoldo Narvaiz, Jr., in 1988 convicted in Texas state court of capital murder and sentenced to death, appeals the denial of federal habeas relief, claiming two errors in sentencing: (1) the voluntary intoxication jury instruction, pursuant to Tex. Penal Code § 8.04(b), is unconstitutional, facially and as applied, because it prohibits the jury from considering mitigating evidence of voluntary intoxication unless the intoxication rises to the level of temporary insanity; and (2) Tex. Code Crim.Proc. Art. 37.071(f) is unconstitutional as applied because…
2Cases cited26 opinions
- Estelle v. McGuireSupreme Court of the United States · 1991
- Rose v. LundySupreme Court of the United States · 1982
- Teague v. LaneSupreme Court of the United States · 1989
- Eddings v. OklahomaSupreme Court of the United States · 1982
- Cupp v. NaughtenSupreme Court of the United States · 1973
21 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Kenneth Wayne Magouirk v. Michael Phillips, Warden, Winn Correctional Center and Richard P. Ieyoub, Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1998
- Meditrust Financial Services Corp. v. Sterling Chemicals, Inc.Court of Appeals for the Fifth Circuit · 1999
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Mickens-Thomas v. VaughnCourt of Appeals for the Third Circuit · 2003
- Tyrone Fuller v. Gary Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
24 more not listed; retrieve them via the Exa API.