Legal Opinion

Frazier v. Weatherholtz

Court of Appeals for the Fourth Circuit

Decided February 27, 1978No. Nos. 76-1511 and 76-2428PublishedCited by 46 opinions

1Opinion of the Court

FIELD, Senior Circuit Judge:

In each of these appeals the State of Virginia challenges the grant of habeas corpus relief by the district court based upon its conclusion that the instructions of the trial courts were violative of due process under the Supreme Court’s decision in Mul-laney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).

Following oral argument, disposition of these cases was deferred pending the decision of the Supreme Court in Hankerson v. North Carolina, 432 U.S. 233, 97 S.Ct. 2339, 53 L.Ed.2d 306 (1977), on the issue of the retroactivity of Mullaney,1 and the…

2Cases cited14 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Mullaney v. WilburSupreme Court of the United States · 1975
  4. Patterson v. New YorkSupreme Court of the United States · 1977
  5. Henry v. MississippiSupreme Court of the United States · 1965

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3Cited by46 opinions

  1. State v. AcostaWashington Supreme Court · 1984
  2. Frank Daniel Williams v. Robert F. Zahradnick and the Attorney General of the State of VirginiaCourt of Appeals for the Fourth Circuit · 1980
  3. McGhee v. CommonwealthSupreme Court of Virginia · 1978
  4. James Lewis Cole v. L. v. Stevenson, Superintendent and Attorney General of the State of North Carolina, Rufus L. EdmistenCourt of Appeals for the Fourth Circuit · 1980
  5. Robert Williams v. J. R. Martin, Warden, and the Attorney General of the State of South CarolinaCourt of Appeals for the Fourth Circuit · 1980

41 more not listed; retrieve them via the Exa API.

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