DELESPINE

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By

• Burns v. W.J. Estelle, Jr., 695 F.2d 847 (5th Cir. 1983)
  …nding, Burns filed a habeas corpus petition in federal district court which was dismissed without prejudice because Burns had not exhausted his state remedies. This Court affirmed. Burns v. Estelle, 585 F. 2d 518 (5th Cir.1978) (mem.), cert. denied, 440 U.S. 984, 99 S.Ct. 1797, 60 L.Ed.2d 246 (1979). Burns then sought habeas corpus relief under Texas law, raising basically five claims: (1) that the term of the trial court had expired when sentence was pronounced; (2) that the jury charge was fundamentally…
• Greider v. Duckworth, 701 F.2d 1228 (7th Cir. 1983)
  ….1980); Myers v. State, 422 N.E. 2d 745, 751 (Ind.App.1982). After defendant has raised the issue of sanity, the state has the burden of proving sanity beyond a reasonable doubt. Coonan v. State, 269 Ind. 578, 382 N.E. 2d 157 (1978), cert. denied, 440 U.S. 984, 99 S.Ct. 1798, 60 L.Ed.2d 246.7 The state’s burden can be met by sufficient evidence that the accused was not suffering from a mental disease or defect at the time of the offense, or that if so suffering, he was nevertheless possessed of a substant…
• United States v. Burnett, 777 F.2d 593 (10th Cir. 1985)
  …” Burnett asserts that this instruction did not correctly state Oklahoma law. He is in error. The Oklahoma Court of Criminal Appeals has twice upheld virtually identical instructions. Ruth v. State, 581 P. 2d 919 (Okla.Crim.App.1978), cert. denied, 440 U.S. 984, 99 S.Ct. 1797, 60 L.Ed.2d 246 (1979); Price v. State, 541 P. 2d 373 (Okla. Crim.App.1975). [*598] Burnett further asserts that the court should have considered his proferred instruction on self-defense from Devitt and Blackmar §§ 41.19, 41.20 and 4…