Legal Opinion
Clarence Victor v. Frank X. Hopkins
Court of Appeals for the Eighth Circuit
Decided October 1, 1996No. 95-2801PublishedCited by 37 opinions
1Opinion of the Court
BOWMAN, Circuit Judge:
Pursuant to 28 U.S.C. § 1292(b) (1994), the District Court has certified the following question for our consideration:
Can and should a federal district court in a federal habeas corpus action involving the death penalty hold the federal case in abeyance, retaining jurisdiction and maintaining the stay against execution, to allow the petitioner to exhaust his state remedies in a situation where it is unclear under state law that state procedures are available to the petitioner to raise his claims in state court?
We answer this question in the negative, holding that the…
2Cases cited38 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Teague v. LaneSupreme Court of the United States · 1989
- Engle v. IsaacSupreme Court of the United States · 1982
- Castille v. PeoplesSupreme Court of the United States · 1989
- Victor v. NebraskaSupreme Court of the United States · 1994
33 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Christy v. HornCourt of Appeals for the Third Circuit · 1997
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Crews v. HornCourt of Appeals for the Third Circuit · 2004
- Alan Jeffrey Bannister v. Paul K. DeloCourt of Appeals for the Eighth Circuit · 1997
- Ricardo Carmichael v. Carl WhiteCourt of Appeals for the Eighth Circuit · 1998
32 more not listed; retrieve them via the Exa API.