Legal Opinion
Byrne v. Butler
Court of Appeals for the Fifth Circuit
Decided May 9, 1988No. Nos. 87-4687, 87-4708PublishedCited by 56 opinions
1Opinion of the Court
KING, Circuit Judge:
Edward R. Byrne, Jr., a state prisoner under a sentence of death, moves this court for a certificate of probable cause to appeal the district court’s denial of his petition for a writ of habeas corpus. In addition, the state of Louisiana asks us to vacate the stay of execution granted by the district court. Finding that Byrne has failed to make a substantial showing of the denial of a federal right, we deny his application for a certificate of probable cause. Moreover, as Byrne has demonstrated neither a substantial case on the merits nor that the balance of the equities…
2Cases cited55 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Lockett v. OhioSupreme Court of the United States · 1978
- Barefoot v. EstelleSupreme Court of the United States · 1983
- Darden v. WainwrightSupreme Court of the United States · 1986
- Donnelly v. DeChristoforoSupreme Court of the United States · 1974
50 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Robert Glen Coe, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1999
- Berry v. StateMississippi Supreme Court · 1997
- West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
- William L. Wiley v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary, and Mike Moore, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1992
- Willie Albert Smith v. Lee Roy Black, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1990
51 more not listed; retrieve them via the Exa API.