MOORE

v.

GUILFORD COUNTY DEPARTMENT OF SOCIAL SERVICES

Citator

Cited By

• Briggs v. Procunier, 764 F.2d 368 (5th Cir. 1985)
  …has been largely charted by Cooper v. State, 631 S.W. 2d 508 (Tex.Crim.App.1982) and Bullard v. Estelle, 665 F. 2d 1347 (5th Cir.1982). The Supreme Court vacated the judgment in Bullard and remanded for consideration of Bullard’s state-law remedies. 459 U.S. 1139, 103 S.Ct. 776, 74 L.Ed.2d 987 (1983). In dismissing Bullard’s federal petition so that he could proceed in state court, this court recognized the continuing validity as circuit precedent of the reasoning expressed in Bullard. 708 F. 2d 1020, 1022 n…
• Leggins v. A.L. Lockhart, 822 F.2d 764 (8th Cir. 1987)
  …w evidence at a punishment enhancement hearing following reversal of an earlier sentence violated the double jeopardy clause. See Bullard v. Estelle, 502 F.Supp. 887, 894 (N.D.Tex.1980), aff'd 665 F. 2d 1347 (5th Cir.1982), vacated on other grounds, 459 U.S. 1139, 103 S.Ct. 776, 74 L.Ed.2d 987 (1983). Several state courts had also considered whether the double jeopardy clause applies to second sentencing enhancement proceedings. See, e.g., People v. Henderson, 60 Cal.2d 482, 35 Cal.Rptr. 77, 86, 386 P. 2d…
• Millard v. Lynaugh, 810 F.2d 1403 (5th Cir. 1987)
  …tal theory bars “a second enhancement proceeding in the sentencing phase of a trial where there has been a finding of insufficient evidence of habitual offender status.” Bullard v. Estelle, 665 F. 2d 1347, 1354 (5th Cir.1982), vacated and remanded,6 459 U.S. 1139, 103 5. Ct. 776, 74 L.Ed.2d 987 (1983) (emphasis added). The Court stated that: “resentencing [as an habitual offender following implicit acquittal on that issue] would require a second trial with the State having an unwarranted ‘second bite at the…