Crawford Bullock, Jr. v. Donald A. Cabana, Superintendent, Mississippi State Penitentiary, 784 F.2d 187 (5th Cir. 1986). · Go Syfert
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Crawford Bullock, Jr. v. Donald A. Cabana, Superintendent, Mississippi State Penitentiary, 784 F.2d 187 (5th Cir. 1986). Cases Citing This Book View Copy Cite
6 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: William L. Wiley v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary, and Mike Moore, Attorney General (ca5, 1992-08-05)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) William L. Wiley v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary, and Mike Moore, Attorney General
5th Cir. · 1992 · signal: cf. · confidence medium
Cf. Bullock v. Cabana, 784 F.2d 187, 187 (5th Cir.1986) (on remand from Supreme Court) (leaving State with choice of obtaining a determination from its own courts of factual question which could be decided by either jury or appellate court); Reddix v. Thigpen, 805 F.2d 506, 517 (5th Cir.1986) (same). 9 Wiley argues that placing this case back in the Mississippi courts will necessarily result in a new sentencing hearing, thus mooting the other claims he raises in this appeal.
discussed Cited as authority (rule) Wiley v. Puckett
5th Cir. · 1992 · signal: cf. · confidence medium
Cf. Bullock v. Cabana, 784 F.2d 187, 187 (5th Cir. 1986) (on remand from Supreme Court) (leaving State 8 In a final attempt to avoid further proceedings in state court, the State asserts that this court can perform harmless error analysis itself.
discussed Cited as authority (rule) Wiley v. Puckett
5th Cir. · 1992 · signal: cf. · confidence medium
Cf. Bullock v. Cabana, 784 F.2d 187, 187 (5th Cir. 1986) (on remand from Supreme Court) (leaving State 8 In a final attempt to avoid further proceedings in state court, the State asserts that this court can perform harmless error analysis itself.
Retrieving the full opinion text from the archive…
Crawford BULLOCK, Jr., Petitioner-Appellant,
v.
Donald A. CABANA, Superintendent, Mississippi State Penitentiary, Et Al., Respondent-Appellee
83-4702.
Court of Appeals for the Fifth Circuit.
Mar 6, 1986.
784 F.2d 187
Shearman & Sterling, Joseph T. McLaughlin and Henry Weisburg, New York City, for petitioner-appellant., Bill Allain, Atty. Gen., William S. Boyd, III and Marvin L. White, Asst. Attys. Gen., Jackson, Miss., for respondent-appellee.
Politz, Williams, Gar-Wood.
Cited by 6 opinions  |  Published

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

In Cabana v. Bullock, — U.S.-, 106 S.Ct. 689, 88 L.Ed.2d 704 (1986) the Supreme Court modified and remanded our decision, reported at 743 F.2d 244 (5th Cir. 1984), and ordered that “the District Court should be directed to issue the writ of habeas corpus vacating Bullock’s death sentence but leaving to the State of Mississippi the choice of either imposing a sentence of life imprisonment or, within a reasonable time, obtaining a determination from its own courts of the factual question whether Bullock killed, attempted to kill, intended to kill, or intended that lethal force would be used. If it is determined that Bullock possessed the requisite culpability, the death sentence may be reimposed.” — U.S. at-, 106 S.Ct. at 700, 88 L.Ed.2d at 720.

In accordance with the mandate of the Supreme Court, this matter is now remanded to the district court for entry of a judgment consistent therewith.

REMANDED with instructions.