SCEIFERS

v.

INDIANA

Citator

Cited By

• Holman Freeman v. State OF Ga., 599 F.2d 65 (5th Cir. 1979)
  …as such as might have created a reasonable doubt which would not otherwise have existed. See United States v. Agurs, 427 U.S. 97, 112 n. 21, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976); Lockett v. Blackburn, 571 F. 2d 309, 314 (5th Cir. 1978), cert. denied 439 U.S. 873, 99 S.Ct. 207, 58 L.Ed.2d 186 (1979). There is no dispute, as the state habeas court specifically found, that Sgt. Fitzgerald deliberately concealed Darlene, a key eyewitness to the double-killing.5 However, because the court found Fitzgerald’s mo…
• Elroy Lynn Wabasha v. Solem, 694 F.2d 155 (8th Cir. 1982)
  …We will not assume that the sentencing judge’s mental illness was a per se constitutional violation. In habeas corpus proceedings, harm or prejudice must be shown to warrant relief. Lockett v. Blackburn, 571 F. 2d 309, 314 (5th Cir.), cert. denied, 439 U.S. 873, 99 S.Ct. 207, 58 L.Ed.2d 186 (1978); Willis v. Ciccone, 506 F. 2d 1011, 1015 (8th Cir.1974). In this case there is no showing of actual prejudice. Wabasha’s contention on this issue is specious because: (1) the sentence was based on a plea bargain…