Legal Opinion

Kirk v. Phelps

District Court, D. Delaware

Decided February 9, 2009No. Civil Action 08-37-JJFPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is an Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2254 (“Petition”) filed by Petitioner Mark Anthony Kirk (“Petitioner”). (D.I. 1; D.I. 5.) For the reasons discussed, the Court will dismiss the Petition as second or successive.

I. FACTUAL AND PROCEDURAL BACKGROUND 1

On the night of December 3, 1996, Petitioner and his girlfriend, Darlene Hamby, returned to Hamby’s apartment extremely intoxicated after spending the day drinking heavily with friends. Hamby’s two sons, ages ten and sixteen, were in their bedrooms…

2Cases cited25 opinions

Slack v. McDanielSupreme Court of the United States · 2000
Lindh v. MurphySupreme Court of the United States · 1997
Artuz v. BennettSupreme Court of the United States · 2000
Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999

20 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

State v. JonesSuperior Court of Delaware · 2016
State v. KirkSuperior Court of Delaware · 2019