EPPS

v.

SMITH, WARDEN

Citator

Cited By

• Chandler v. Otie Jones & Attorney Gen. of the State of Tenn., 813 F.2d 773 (6th Cir. 1987)
  …enied, 464 U.S. 835, 104 S.Ct. 120, 78 L.Ed.2d 119 (1983); Caldwell v. United States, 651 F. 2d 429, 434 (6th Cir.), cert. denied, 454 U.S. 904, 102 S.Ct. 412, 70 L.Ed.2d 222 (1981); Johnson v. Havener, 534 F. 2d 1232, 1234 (6th Cir.), cert. denied, 429 U.S. 889, 97 S.Ct. 245, 50 L.Ed.2d 171 (1976). In each of the foregoing cases, this court relied on this principle in rejecting attempts by habeas petitioners to assert new claims on appeal not presented in their petition or proceedings below. The principle…
• Chrysler Corp. v. Fedders Corp., 670 F.2d 1316 (3d Cir. 1982)
  …grounds), aff’d on remand, 170 Conn. 155, 365 A. 2d 393 (1976) (holding that prior decision invalidating Connecticut mechanic’s lien statute was based upon both state and federal constitutional grounds and reaffirming prior decision), cert. denied, 429 U.S. 889, 97 S.Ct. 246, 50 L.Ed.2d 172 (1976) (adequate state ground). A recent indication that the Supreme Court’s affirmance in Spielman-Fond has not been undercut by its intervening decisions is given by the Supreme Court’s action on the decision of a N…
• Watkins v. Callahan, 724 F.2d 1038 (1st Cir. 1984)
  …lice aforethought, by operation of a conclusive presumption. We have held that the Maine felony murder statute, which contains a similar malice aforethought provision, is constitutional. Westberry v. Murphy, 535 F. 2d 1333 (1st Cir.), cert. denied, 429 U.S. 889 (1976). There we held that a state court is “free to hold that the intentional commission of a felony causing death falls within the statutory definition of ‘malice aforethought’ ”. Id. at 1334. Watkins attempts to distinguish Westber-ry, arguing t…