Legal Opinion
Hamp Grace v. Joseph Hopper, Warden, Georgia State Prison, Reidsville, Georgia
Court of Appeals for the Fifth Circuit
Decided January 17, 1978No. 77-1728PublishedCited by 16 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
This is a habeas corpus case brought pursuant to 28 U.S.C. §§ 2241, 2254, in which the district court granted the writ. Subsequent decisions of the United States Supreme Court and the Supreme Court of Georgia, of which the district court did not have benefit, convince us that the judgment of that court must be reversed.
Hamp Grace was convicted of murder in a jury trial and sentenced to life imprisonment. His sole defense was that he was insane at the time of the killing, and the trial court instructed the jury that he had the burden of establishing insanity to the…
2Cases cited18 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- Cupp v. NaughtenSupreme Court of the United States · 1973
- Leland v. OregonSupreme Court of the United States · 1952
- Rivera v. DelawareSupreme Court of the United States · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Daniel Clark Medberry v. James CrosbyCourt of Appeals for the Eleventh Circuit · 2003
- M. W. Holloway v. Clay E. McElroy WardenCourt of Appeals for the Fifth Circuit · 1981
- Robert Franklin Godfrey, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, Respondent- Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
- Price v. StateIndiana Supreme Court · 1980
- Irving v. HargettDistrict Court, N.D. Mississippi · 1981
11 more not listed; retrieve them via the Exa API.