ELLEN MCDANIEL FLOOD, PETITIONER-APPELLEE,
v.
STATE OF LOUISIANA, THROUGH ITS ATTORNEY GENERAL, WILLIAM J. GUSTE, JR., RESPONDENT-APPELLANT
ELLEN MCDANIEL FLOOD, PETITIONER-APPELLEE,
STATE OF LOUISIANA, THROUGH ITS ATTORNEY GENERAL, WILLIAM J. GUSTE, JR., RESPONDENT-APPELLANT
545 F.2d 460
Court of Appeals for the Fifth Circuit (1977)
Positive Treatment
Cited by 44 cases
Opinion of the Court
PER CURIAM:
In this case the District Court granted habeas corpus relief on Fourth Amendment grounds. However, the issue of Fourth Amendment rights in this murder conviction was fully heard, considered and decided by the state court, State v. Flood, 301 So. 2d 637 (La., 1974).
Consequently, the judgment of the District Court is reversed and the cause remanded, with directions to dismiss the complaint, Stone v. Powell, - U.S. -, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976); George v. Blackwell, 5 Cir., 1976, 537 F. 2d 833.
REVERSED and REMANDED, with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
-
Pedrero v. Louie L. Wainwright, 590 F.2d 1383 (5th Cir. 1979)
-
Reese v. Louie L. Wainwright, 600 F.2d 1085 (5th Cir. 1979)
-
Davis v. State OF Ala., 596 F.2d 1214 (5th Cir. 1979)
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stone v. Powell, 428 U.S. 465 (U.S. 1976)
- George v. Honorable Tom Blackwell, 537 F.2d 833 (5th Cir. 1976)