# Willie Jasper Darden v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

> Court of Appeals for the Eleventh Circuit · August 27, 1985 · 767 F.2d 752

URL: https://www.frixlaw.com/law-library/cases/9473745

## Case

- **Full name:** Willie Jasper DARDEN, Petitioner-Appellant, Cross-Respondent, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellee, Cross-Petitioner
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** August 27, 1985
- **Citations:** 767 F.2d 752
- **Precedential status:** Published
- **Opinion:** Concurrence by Tjoflat
- **Judges:** Tjoflat, Hill, Johnson, Clark, Godbold, Ro-Ney, Fay, Vance, Kravitch, Henderson, Anderson, Morgan
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9473745

## Opinion text

TJOFLAT, Circuit Judge,
specially concurring:
I agree with the court’s decision to affirm the district court’s denial of habeas corpus relief, though for different reasons. As I wrote in dissenting to our previous en banc disposition, Darden v. Wainwright, 725 F.2d 1526, 1533 (1984), the district court should have dismissed the habeas petition in this case because it contained several unexhausted claims. Rose v. Lundy, 455 U.S. 509, 518-22 , 102 S.Ct. 1198, 1203-05 , 71 L.Ed.2d 379 (1982); Galtieri v. Wainwright, 582 F.2d 348, 354 (5th Cir. 1978) (en banc). As for the merits of petitioner’s Witherspoon claim, assuming it to be properly before the court, I would reject the claim for want of a showing by petitioner of “cause” and “prejudice” under Wainwright v. Sykes, 433 U.S. 72, 90-91 , 97 S.Ct. 2497, 2508-09 , 53 L.Ed.2d 594 (1977), since petitioner denied the Florida Supreme *755 Court an opportunity to pass on it in reviewing his conviction and death sentence on appeal. Darden v. Wainwright, 725 F.2d at 1544-51 (Tjoflat, J., dissenting). Were I to consider four square the precise Witherspoon claim petitioner now presents to us, I would agree with the court that Wainwright v. Witt, — U.S. -, 105 S.Ct. 844 (1985), requires us to hold that the state trial judge did not violate the Constitution in excusing venireman Murphy for cause.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9473745. Public record. Not legal advice.