Ex parte Magwood
| Decision Date | 05 June 1984 |
| Citation | 453 So.2d 1349 |
| Parties | Magwood, Ex parte 83-952-M |
| Court | Alabama Supreme Court |
Mot. for out of time app. den.
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10 cases
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Magwood v. Smith
... ... II, pp. 370-71. The Alabama Supreme Court sustained this finding as a correct application of the Alabama death penalty statute. See Ex parte Magwood, 426 So.2d at 932 ... The district court characterized this finding as a factual determination and reviewed it pursuant to the criteria set out in 28 U.S.C. Sec. 2254(d). That statute creates a general presumption of correctness in federal habeas corpus proceedings for ... ...
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Magwood v. State
... ... 2 Thereafter, the appellant was sentenced to death by electrocution, and his conviction and sentence were affirmed on direct appeal to this court. Magwood v. State, 426 So.2d 918 (Ala.Cr.App.1982). That decision was affirmed by the Alabama Supreme Court on certiorari review. Ex parte Magwood, 426 So.2d 929 (Ala.1983). On July 13, 1983, the appellant filed a petition for writ of error coram nobis in the Circuit ... Page 963 ... Court of Coffee County, which the trial court denied. This court affirmed the denial, Magwood v. State, 449 So.2d 1267 (Ala.Cr.App.1984), and a ... ...
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Cochran v. State, 6 Div. 726
... ... Cochran v. State, 500 So.2d 1161 (Ala.Cr.App.1984), affirmed in part, reversed in part, and remanded Ex parte Cochran, 500 So.2d 1179 (Ala.1985), affirmed on return to remand, Cochran v. State, 500 So.2d 1188 (Ala.Cr.App.1986), affirmed, Ex parte Cochran, 500 ... State, 455 So.2d 281 (Ala.Crim.App.1984), Magwood v. State, 449 So.2d 1267 (Ala.Crim.App.), late appeal denied, 453 So.2d 1349 (Ala.1984)." Magwood v. Smith, 791 F.2d 1438, 1444 (11th Cir.1986) ... ...
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Magwood v. Patterson
... ... In accordance with Alabama law, the trial court reviewed the basis for the jury's decision. See 13113, 13114. Although the court did not find the existence of any statutory aggravating circumstance under 13116, the court relied on 561 U.S. 325 Ex parte Kyzer, 399 So.2d 330 (Ala.1981), to find that murder of a sheriff while on duty or because of some official or job-related acts, 13112(a)(5), is a capital felony that, by definition, involves aggravation sufficient for a death sentence. 3 The 130 S.Ct. 2793 trial court found that Magwood's ... ...
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