ANDREWS

v.

CALIFORNIA COOLER, INC.

Citator

Cited By

• Smith v. Black, 904 F.2d 950 (5th Cir. 1990)
  …aise it on direct review. See supra. . There is no indication that the petitioner in Jones v. Thigpen testified at trial. See Jones v. Thigpen, 555 F.Supp. 870 (S.D.Miss.1983), aff’d in part and rev’d in part, 741 F. 2d 805 (5th Cir.1984), vacated, 475 U.S. 1003, 106 S.Ct. 1172, 89 L.Ed.2d 292 (1986), aff'd on remand, 788 F. 2d 1101 (5th Cir.1986); Jones v. State, 381 So. 2d 983 (Miss.), cert. denied, 449 U.S. 1003, 101 S.Ct. 543, 66 L.Ed.2d 300 (1980). . Contrast Jones v. Thigpen, 741 F. 2d at 807 ("[t]hi…
• Greenawalt v. Ricketts, 943 F.2d 1020 (9th Cir. 1991)
  …ough new procedural requirements. See Jones v. Thigpen, 741 F. 2d 805, 811 (5th Cir.1984) (finding Enmund retroactive under Link-letter, and stating that the argument that Enmund is merely procedural is patently frivolous), vacated on other grounds, 475 U.S. 1003, 106 S.Ct. 1172, 89 L.Ed.2d 292 (1986). On the other hand, it is clear that this case presents a situation which Teague intended to cover. The Arizona courts could not have reasonably anticipated Enmund before it was announced, and accordingly, the…
• Vanderbilt v. Collins, 994 F.2d 189 (5th Cir. 1993)
  …437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978). . Id. at 18, 98 S.Ct. at 2150. . Id. at 11, 98 S.Ct. at 2147. . 451 U.S. 430, 101 S.Ct. 1852, 68 L.Ed.2d 270 (1981). .Jones v. Thigpen, 741 F. 2d 805, 815 (5th Cir.1984), vacated on other grounds, 475 U.S. 1003, 106 S.Ct. 1172, 89 L.Ed.2d 292 (1986). The Texas Court of Criminal Appeals also has held that a capital defendant who makes a meritorious challenge to the sufficiency of the evidence in the trial phase may not be retried "wherein the State seeks th…