Legal Opinion
Bigby v. Dretke
Court of Appeals for the Fifth Circuit
Decided July 28, 2003No. 99-11262PublishedCited by 50 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
The opinion reported at 340 F.3d 259 (5th Cir.2003) is withdrawn and the opinion below is substituted therefor.
Petitioner-Appellant, Gary Eugene Big-by (“Bigby”), appeals the district court’s denial of his Petition for Writ of Habeas Corpus regarding his claim that, by declining to recuse himself after Bigby assaulted him, the trial judge denied Bigby his constitutional right to due process. Prominent among other claims raised by Bigby is his Penry claim that punishment phase jury instructions prevented the jury from acting upon mitigating evidence submitted in…
2Cases cited52 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Estelle v. McGuireSupreme Court of the United States · 1991
47 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Roy Lee Pippin v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
- Kittelson v. DretkeCourt of Appeals for the Fifth Circuit · 2005
- United States v. SkeltonCourt of Appeals for the Fifth Circuit · 2008
- Reed v. QuartermanCourt of Appeals for the Fifth Circuit · 2007
- Smith v. DretkeCourt of Appeals for the Fifth Circuit · 2005
45 more not listed; retrieve them via the Exa API.