Legal Opinion

Ernest Alexander v. Dale Foltz

Court of Appeals for the Sixth Circuit

Decided January 26, 1988No. 87-1003PublishedCited by 10 opinions

1Opinion of the Court

DAVID A. NELSON, Circuit Judge.

Put on trial by the State of Michigan, Petitioner was convicted of first degree murder for admittedly having shot and killed a man with whom he had been in a fight after the man made advances to Petitioner’s wife. The central issue in the trial was Petitioner’s state of mind at the time of the shooting; the State presented evidence tending to show premeditation and malice, and Petitioner presented evidence tending to show he had acted in the heat of passion, in self-defense, or both.

Several highly questionable instructions were included in the trial court’s…

2Cases cited20 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  4. Wainwright v. SykesSupreme Court of the United States · 1977
  5. Sandstrom v. MontanaSupreme Court of the United States · 1979

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3Cited by10 opinions

  1. Robert Glen Coe, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1999
  2. Byrd v. Maricopa County Sheriff's DepartmentCourt of Appeals for the Ninth Circuit · 2009
  3. United States v. Daniel DelaneyCourt of Appeals for the Seventh Circuit · 2013
  4. Bee v. Local 719, United Auto WorkersDistrict Court, N.D. Illinois · 1990
  5. Lawrence D. Johnson v. Luella BurkeCourt of Appeals for the Sixth Circuit · 1990

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

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