Wilburn H. Henderson v. Willis Sargent, Warden, Arkansas Department of Correction
Cases that cite this one
4 later published cases cite this decision.
- Schlup v. Delo (Supreme Court of the United States 1995)
- Wilburn L. Henderson v. Larry Norris, Director, Arkansas Department of Correction (8th Cir. 1997)
- Williamson v. Reynolds (United States District Court, Oklahoma Eastern 1995)
- Roger Roy Nolan v. Bill Armontrout (8th Cir. 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ORDER GRANTING REHEARING IN PART.
The court grants in part the petition for rehearing. The court amends its earlier opinion filed February 19, 1991, 926 F.2d 706 (8th Cir.) as follows: The discussion within Part A of the opinion previously filed which holds Rule 37 counsel ineffective under the standards set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and finds cause to lift the procedural bar is hereby vacated. See Coleman v. Thompson, — U.S. —, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).
All other discussions within Part A and the court’s holding that the constitutional violation based on trial counsel’s ineffectiveness “probably resulted in the conviction of one who is actually innocent” is reaffirmed. Accordingly the district court’s grant of the writ of habeas corpus vacating Henderson’s conviction is reaffirmed.
The suggestion for rehearing en banc as to the alternative holding by the panel is now hereby referred to the full court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.