Charlie Young, Jr. v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, Joseph H. Briley, District Attorney of Ocmulgee Circuit (1985)
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· 59 citation events
across 16 courts.
Showing the 39 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 1985 → 2026 · click a year to view the case as of then
198520052026
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Beauford White v. Louie L. Wainwright, as Secretary, Department of Corrections, State of Florida (1987)
Id. at 1101, n. 5 .
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White v. Wainwright (1986)
In support of that proposition Petitioner relies principally upon the Supreme Court’s rulings in Bullington v. Missouri, supra; Burkes v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 (1978); and Arizona v. Rumsey, 467 U.S. 203 , 104 S.Ct. 2305 , 81 L.Ed.2d 164 (1984), and upon the ruling of the Eleventh Circuit in Young v. Kemp, 760 F.2d 1097, 1105-07 (11th Cir.), reh. denied, 765 F.2d 154 (11th Cir.1985).
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HAYDEN v. OBERLANDER (2024)
Estelle, 502 U.S. 62 , 67- 68 (1991) (federal courts may not “reexamine state court determinations on state-law questions”); see also Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”); see e.g., Anger v. Wenerowicz, 2012 WL 5208554 , at *2 (W.D.
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”
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LOWRY v. TICE (2024)
See Estelle v. McGuire, 502 U.S. 62, 67-68 (1991) (federal courts may not “reexamine state court determinations on state-law questions”); see also Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”) As such, the Court may not review Petitioner’s challenge to the weight of the evidence since it not a cognizable claim in ha…
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”
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Vegh v. Rewerts (2023)
Facility, 422 F. App'x 69, 75 (2d Cir. 2011); Young v. Kemp, 760 F. 2d 1097, 1105 (11th Cir. 1985).
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Henderson v. Shelby (2023)
July 18, 2013) (“It is well settled that ‘[a] federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the “weight” of the evidence . . . .’”) (quoting Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985)).
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Brockton v. State of Alabama (INMATE 3) (2023)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985); see also Muldrow v. Sec’y, Dep’t of Corr., No. 8:18-CV-515-T-35TGW, 2020 WL 6565080 , at *5 (M.D.
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”); Geibel v. State, 817 So. 2d 1042, 1044 (Fla. 2d DCA 2002) (“[The] rule [governing a motion for a new trial asserting that the verdict is contrary to the weight of the evidence] ‘enables the trial judge to weigh the evidence and to determine the credibility of witne…
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”
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Head v. Carl (2022)
See McKinnon v. Superintendent, Great Meadow Correctional Facility, 422 F. App’x 69, 75 (2d Cir. 2011); Young v. Kemp, 760 F. 2d 1097, 1105 (11th Cir. 1985).
See also Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”).
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”
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Collins v. Hall (2022)
Aug. 24, 2012) (quoting Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985)); see also Lewis v. Mississippi, No. 3:19-cv-120-MPM, 2021 WL 1988200 , at *12 (N.D.
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Gibson v. Romanowski (2022)
See McKinnon v. Superintendent, Great Meadow Correctional Facility, 422 F. App’x 69, 75 (2d Cir. 2011); Young v. Kemp, 760 F. 2d 1097, 1105 (11th Cir. 1985).
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Coleman v. Jackson (2021)
Appx. 69, 75 (2d Cir. 2011); Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985).
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Scott v. Banks (2021)
Aug. 24, 2012) (quoting Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985)); see also Lewis v. Mississippi, No. 3:19CV120-MPM-DAS, 2021 WL 1988200 at *12 (N.D.
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Garcia v. Secretary, Department of Corrections (2021)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”).
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”
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FERGUSON v. TICE (2021)
Pa. Dec. 10, 2020) (citing Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985)); see also Davis v. Lavan, 2004 U.S. Dist.
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BURNAM v. CAPOZZA (2020)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985)(“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence”); Cameron v. Birkett, 348 F.Supp.2d 825, 838 (E.D.
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence”
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Muldrow v. Secretary, Department of Corrections (2020)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”).
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”
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Donaldson v. Warren (2020)
See McKinnon v. Superintendent, Great Meadow Correctional Facility, 422 F. App’x 69, 75 (2d Cir. 2011); Young v. Kemp, 760 F. 2d 1097, 1105 (11th Cir. 1985).
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Ingram v. Secretary, Department of Corrections (2020)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”).
“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”
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WALKER v. BRITTAIN (2020)
Pa. Sept. 27, 2013). 147 Woodruff, 2016 WL 8257719 , at *6. 148 Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985). 149 ECF Doc.
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John v. Outlaw (2020)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985) (“[a] federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”) Thus, to the extent that Mr. John challenges the weight of the evidence, that allegation must be dismissed for failure to state a claim upon which relief could be granted.
“[a] federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence[.]”
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Etka v. Smith (2019)
Marshall v. Lonberger, 459 U.S. 422, 432 (1983); Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985).
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Freeman v. Trombley (2010)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir.1985).
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Cameron v. Birkett (2004)
In short, “[a] federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight of the evidence.’ ” Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir.1985).
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Crenshaw v. Renico (2003)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985); See also Thomas v. McLemore, 2001 WL 561216 , * 5 (E.D.Mich.
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Dell v. Straub (2002)
Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir.1985); See also Thomas v. McLemore, 2001 WL 561216 , * 5 (E.D.Mich.
Borman, J.
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Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections (1990)
See Poland v. Arizona, 476 U.S. 147, 155-56 , 106 S.Ct. 1749, 1755 , 90 L.Ed.2d 123 (1986); Arizona v. Rumsey, 467 U.S. 203, 210-12 , 104 S.Ct. 2305, 2310 , 81 L.Ed.2d 164 (1984); Bullington v. Missouri, 451 U.S. 430, 444-46 , 101 S.Ct. 1852, 1861-62 , 68 L.Ed.2d 270 (1981); Godfrey v. Kemp, 836 F.2d 1557, 1568 (11th Cir.), cert. dismissed, 487 U.S. 1264 , 109 S.Ct. 27 , 101 L.Ed.2d 977 (1988); see also Young v. Kemp, 760 F.2d 1097 , 1106-07 and n. 12 (11th Cir.1985), cert. …
Since Rumsey , other circuit courts have found that “after a death penalty sentencing proceeding, where there is an implicit acquittal from the death penalty based on facts presented, the defendant ... is protected by the double jeopardy clause from subjection to a second hearing where the death penalty may be imposed.” Bullard v. Estelle, 665 F.2d 1347, 1357 (5th Cir.1982), vacated on other grounds, 459 U.S. 1139 , 103 S.Ct. 776 , 74 L.Ed.2d 987 (1983); see also, Young v. K…
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Gibson v. Turpin (1999)
See Young v. Kemp, 760 F.2d 1097 (11th Cir. 1985) (en banc), (state barred from seeking death penalty in retrial); Brooks v. State, 262 Ga. 187 ( 415 SE2d 903 ) (1992) (following second trial in which the state sought the death penalty, he received a life sentence); see also Special Update: Georgia's Death Row, Atlanta Const., Nov. 17, 1996 at G8 (Victor Vemard Roberts and Eddie Lee Ross pled guilty and received life sentences; Walter Curry pled guilty and received a sentenc…
en banc
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Kemberling v. Capozza (2023)
Id. (citing Marshall, 459 U.S. at 434-35 , and Tibbs, 457 U.S. at 37-45 ); see also Young v. Kemp, 760 F.2d 1097, 1105 (41th Cir. 1985) (observing that “a federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the weight of the evidence”).
observing that “a federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the weight of the evidence”
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Maggett v. Middlebrooks (2022)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985), cert. denied, 476 U.S. 1123 (1986) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence….”) As such, the court will consider this ground as a challenge to the sufficiency of the evidence. - 30 - favorable to prosecution, any rational trier of fact would have found the essential element of the crime beyond a reasonable doub…
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Crump v. Errington (2022)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985), cert. denied, 476 U.S. 1123 (1986) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence…”); United States v. Garrido, 467 F.3d 971, 984 (6th Cir. 2006) (a court during habeas corpus review may not weigh the evidence or consider the credibility of witnesses); Weeks v. Scott, 55 F.3d 1059, 1062 (5th Cir. 1995) (same). - 28 -…
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Stewart v. Middlebrooks (2021)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985), cert. denied, 476 U.S. 1123 (1986) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence….”) - 34 - evidence with which to convict him for capital murder.
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Lewis v. State of Mississippi (2021)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985), cert. denied, 476 U.S. 1123 (1986) (“A federal - 19 - habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence . . . .”); see also Thompson v. Holman, 2013 WL 435972 (S.D.
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THOMAS v. TICE (2020)
Tibbs v. Florida, 457 U.S. 31, 37-45 (1982) (weight of evidence claims raise questions of credibility; it is different from a claim that the evidence was insufficient to support the conviction); see also Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985).
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LOMAX v. GILMORE (2020)
Tibbs v. Florida, 457 U.S. 31, 37-45 (1982) (weight of evidence claims raise questions of credibility; it is different from a claim that the evidence was insufficient to support the conviction); see also Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir. 1985).
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McClelland v. Kirkpatrick (2011)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir.1985) (“A federal habeas court has no power to grant habeas corpus relief because it finds that the state conviction is against the ‘weight’ of the evidence .... ”), cert. denied, 476 U.S. 1123 , 106 S.Ct. 1991 , 90 L.Ed.2d 672 (1986).
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Cukaj v. Warren (2004)
See Young v. Kemp, 760 F.2d 1097, 1105 (11th Cir.1985); Crenshaw v. Renico, 261 F.Supp.2d 826, 834 (E.D.Mich.2003); Dell v. Straub, 194 F.Supp.2d 629, 648 (E.D.Mich.2002).