Legal Opinion
Gary Tyler v. C. Paul Phelps, Director, Department of Corrections and Attorney General of the State of Louisiana, William Guste, Jr.
Court of Appeals for the Fifth Circuit
Decided April 27, 1981No. 79-3093PublishedCited by 55 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
Appellees’ motion for rehearing is granted. The panel opinion, 622 F.2d 172 (5th Cir. 1980), is vacated in its entirety and the following issued as the opinion of this court.
Gary Tyler, appellant, was convicted of first degree murder in Louisiana state court and sentenced to die. On appeal, the death penalty1 was vacated but the conviction was affirmed, State v. Tyler, 342 So.2d 574 (La.), cert. denied, 431 U.S. 917, 97 S.Ct. 2180, 53 L.Ed.2d 227 (1977). After unsuccessfully pursuing state habeas corpus, Tyler v. Phelps, 353 So.2d 1050 (La.1978), this 28 U.S.C. § 2254…
2Cases cited35 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Sandstrom v. MontanaSupreme Court of the United States · 1979
30 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- State Ex Rel. Graffagnino v. KingSupreme Court of Louisiana · 1983
- John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- Billy Joe Battie v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- James Lee Spencer v. Walter D. Zant, Superintendent, Georgia Diagnostic & Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Timothy George Baldwin v. Frank C. Blackburn, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1981
50 more not listed; retrieve them via the Exa API.