SULLIVAN

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By

• Birt v. Montgomery, 725 F.2d 587 (11th Cir. 1984)
  …sentencing phase of the trial.2 That court vacated Birt’s death sentences and dismissed the remainder of Birt’s claims. The Georgia Supreme Court upheld the habeas [*590] court’s decision.3 Birt v. Hopper, 245 Ga. 221, 265 S.E. 2d 276, cert. denied, 449 U.S. 855, 101 S.Ct. 150, 66 L.Ed.2d 68 (1980). Birt next brought his claims to the District Court for the Southern District of Georgia in a petition for writ of habeas corpus under 28 U.S.C. § 2254. That court, after finding that the state habeas court had…
• United States v. Sawyers, 902 F.2d 1217 (6th Cir. 1990)
  …v. Wainwright, 633 F. 2d 1146, 1149 (5th Cir.1981) (quoting United States v. Uptain, 531 F. 2d 1281, 1287 (5th Cir.1976) (footnotes omitted)). In this same vein, we earlier held in United States v. Boyd, 620 F. 2d 129, 132 (6th Cir.), cert. denied, 449 U.S. 855, 101 S.Ct. 151, 66 L.Ed.2d 69 (1980), that “[t]o justify a continuance for the purpose of locating a witness, the moving party must show that the witness would have given substantial favorable evidence and that he was available and willing to testif…
• Birt v. Montgomery, 709 F.2d 690 (11th Cir. 1983)
  …serted grounds for relief involving alleged defects in the guilt-innocence phase of Birt’s trial were denied. The Georgia Supreme Court upheld the decision of the state habeas corpus court. Birt v. Hopper, 245 Ga. 221, 265 S.E. 2d 276, cert. denied, 449 U.S. 855, 101 S.Ct. 150, 66 L.Ed.2d 68 (1980). Birt next sought collateral relief in the United States District Court for the Southern District of Georgia and requested an evidentiary hearing. Finding that the state courts accorded Birt a full and fair hear…