Legal Opinion
Robert Lee Brown v. Frank Blackburn, Warden
Court of Appeals for the Fifth Circuit
Decided August 27, 1980No. 79-2794PublishedCited by 12 opinions
1Per curiam
This is an appeal from the grant of a writ of habeas corpus to the appellee, Robert Lee Brown. 1 We agree with the district court that the writ must issue. Because he did not receive effective assistance from his court-appointed counsel, and because an im-permissibly suggestive out-of-court photographic identification procedure created a substantial likelihood of in-court misidenti-fication, there is a significant possibility that Brown is innocent of the crime for which he was incarcerated.
Brown was convicted of the aggravated burglary of the home of James Cryer, Jr. The Supreme Court of…
2Cases cited15 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Glasser v. United StatesSupreme Court of the United States · 1942
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Fahy v. ConnecticutSupreme Court of the United States · 1963
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3Cited by12 opinions
- John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- Willie Fred Baty v. Charles R. Balkcom, Warden, the Attorney General of the State of GeorgiaCourt of Appeals for the Fifth Circuit · 1981
- Conrado Vela v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
- Horace Lovett, Jr. v. State of FloridaCourt of Appeals for the Fifth Circuit · 1980
- Joseph Code v. Charles M. Montgomery and Arthur K. BoltonCourt of Appeals for the Eleventh Circuit · 1984
7 more not listed; retrieve them via the Exa API.