Fifth Circuit· 8/12/1994

Wilkerson v. Whitley

Citations

28 F.3d 498
1994 U.S. App. LEXIS 21373
1994 WL 390132

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that “absent clear indications from the Supreme Court itself, lower courts should not lightly assume that a prior decision has been overruled sub silentio merely because its reasoning and result appear inconsistent with later cases” (internal citation omitted)
noting that “absent clear indications from the Supreme Court itself, lower courts should not lightly assume that a prior decision has been * overruled sub silentio merely because its reasoning and result appear inconsistent with later cases” (internal citation omitted)
electing to consider Teague defense even though the state failed to raise issue in its original brief before the panel because Teague was the primary reason given by the district court for its judgment
“prosecutorial misconduct in a grand jury proceeding may be deemed harmless if the petit jury convicts”
Supplemental Brief for Post Conviction Relief, Oct. 1, 1996

Source: CourtListener parenthetical corpus (CC0).

Judges: Barksdale, Benavides, Davis, Demoss, Duhé, Garwood, Garza, Higginbotham, Jolly, Jones, King, Parker, Politz, Smith, Stewart, Wiener

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

63 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Wilkerson v. Whitley

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.