MRAOVIC
v.
LYNAUGH, INTERIM DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

U.S. | 1987-04-20
No. 86-6428
481 U.S. 1020 Supreme Court of the United States (1987) Positive Treatment
Cited by 5 cases

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  • Tapia v. Tansy, 926 F.2d 1554 (10th Cir. 1991)
    …We disagree. Notice The “sufficiency of an indictment or information is primarily a question of state law.” Franklin v. White, 803 F. 2d 416, 418 (8th Cir.1986) (quoting Goodloe v. Parratt, 605 F. 2d 1041, 1045 n. 12 (8th Cir.1979)), cert. denied, 481 U.S. 1020, 107 S.Ct. 1904, 95 L.Ed.2d 510 (1987). Under [*1561] New Mexico law, Tapia had sufficient notice to be convicted on the accessory theory, even though the information did not charge him as an accessory. New Mexico, like many other states, long ago…
  • Blair v. Armontrout, 916 F.2d 1310 (8th Cir. 1990)
    …e Fourteenth Amendment to the United States Constitution and thus cannot be abridged by the states.’ ” Franklin v. White, 803 F. 2d 416, 417 (8th Cir.1986) (per curiam) (quoting Goodloe v. Parratt, 605 F. 2d 1041, 1045 (8th Cir.1979)), cert. denied, 481 U.S. 1020, 107 S.Ct. 1904, 95 L.Ed.2d 510 (1987).21 However, the states are not bound by the technical rules governing federal criminal prosecutions; the crucial question in state prosecutions is whether the defendant had sufficient notice of the potential ch…
  • Doyle J. Williams v. Armontrout, 912 F.2d 924 (8th Cir. 1990)
    …l has expressed concern about the due process implications of the Missouri Supreme Court’s vacillating position with respect to submission of the first-degree murder instruction. Franklin v. White, 803 F. 2d 416, 418-19 (8th Cir.1986), cert. denied, 481 U.S. 1020, 107 S.Ct. 1904, 95 L.Ed.2d 510 (1987). . Although the majority attempts to imply by its citation form that State v. Jackson, 703 S.W. 2d 23, 25 (Mo.Ct.App.1985), stands for this proposition, the Jackson case dealt with a sexual assault, not a capi…

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