Legal Opinion
Kenneth Wayne Morris v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Court of Appeals for the Fifth Circuit
Decided June 16, 2005No. 04-70004PublishedCited by 80 opinions
1Opinion of the Court
DeMOSS, Circuit Judge:
Petitioner-Appellant Kenneth Wayne Morris (“Morris”) sought a COA on the issue whether the presentation of a factually stronger habeas claim in federal court than in the state courts always mandates a dismissal without prejudice based on the exhaustion principle. Morris v. Dretke, 379 F.3d 199, 201 (5th Cir.2004). We granted Morris a COA on that exhaustion issue and asked the parties to specifically address the following:
[WJhether Morris’s presentation of additional evidence of mental retardation in federal court beyond that which he presented in the state courts is…
2Cases cited31 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Vasquez v. HillerySupreme Court of the United States · 1986
26 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Wynn Satterlee v. Hugh WolfenbargerCourt of Appeals for the Sixth Circuit · 2006
- Winston v. KellyCourt of Appeals for the Fourth Circuit · 2010
- Richards v. QuartermanCourt of Appeals for the Fifth Circuit · 2009
- Mathis v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- Rivera v. QuartermanCourt of Appeals for the Fifth Circuit · 2007
75 more not listed; retrieve them via the Exa API.