MCCORKLE
v.
ALABAMA

U.S. | 1984-03-19
No. 83-6149
465 U.S. 1106 Supreme Court of the United States (1984) Positive Treatment
Cited by 3 cases

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  • Smith v. O.L. McCOTTER, 786 F.2d 697 (5th Cir. 1986)
    …at 1082. We have explicitly stated: “No federal constitutional issue is raised by the failure of the Texas state court to require evidence of guilt corroborating a voluntary plea.” Baker v. Estelle, 715 F. 2d 1031, 1036 (5th Cir.1983), cert. denied, 465 U.S. 1106, 104 S.Ct. 1609, 80 L.Ed. 2d 138 (1984). The Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 2790, 61 L.Ed.2d 560 (1979), mandate that sufficient evidence exist from which a rational fact finder could find guilt beyond [*703] a reasonable doubt…
  • Matthews v. Butler, 833 F.2d 1165 (5th Cir. 1987)
    …1] would support habeas relief, or, if he was not represented by competent counsel, that he was unaware of the legal significance of the known facts that would support such relief. Baker v. Estelle, 715 F. 2d 1031, 1034 (5th Cir.1983), cert. denied, 465 U.S. 1106, 104 S.Ct. 1609, 80 L.Ed.2d 138 (1984). Accordingly, a petitioner can avoid dismissal under Rule 9(b) by showing, for example, that new facts have arisen since his prior petition or that the law has changed in some substantive manner in the interim…
  • Nolan Anthony Schouest v. Whitley, 927 F.2d 205 (5th Cir. 1991)
    …5); Daniels v. Blackburn, 763 F. 2d 705, 707 (5th Cir.1985); Rudolph v. Blackburn, 750 F. 2d 302, 303 (5th Cir.1984); Jones v. Estelle, 722 F. 2d 159, 163 (5th Cir.1983) (en banc); Baker v. Estelle, 715 F. 2d 1031, 1034 (5th Cir.1983), cert. denied, 465 U.S. 1106, 104 S.Ct. 1609, 80 L.Ed.2d 138 (1984). . Although the magistrate's report quotes Schouest as objecting to his counsel’s failure to call one Dr. Birchard at the sanity hearing, it is clear that Schouest was objecting to the failure to call Dr. Bish…

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