Legal Opinion

Hankins v. Fulcomer

Court of Appeals for the Third Circuit

Decided August 13, 1991No. 90-3766PublishedCited by 60 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Harold Lee Hankins, a state prisoner, appeals from the dismissal of his petition for a writ of habeas corpus. The district court, adopting the Report and Reeommen-dation of the magistrate judge, dismissed the petition for failure to exhaust state remedies. Hankins contends that the district court erred by failing to find inordinate delay in state proceedings, which would excuse a lack of exhaustion.

We hold that the nearly eleven-year delay by the Court of Common Pleas of Crawford County, Pennsylvania in deciding Han-kins’ post-sentencing motion for…

2Cases cited18 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Castille v. PeoplesSupreme Court of the United States · 1989
  3. Frank v. MangumSupreme Court of the United States · 1915
  4. WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
  5. Duckworth v. SerranoSupreme Court of the United States · 1981

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3Cited by60 opinions

  1. Lawrence Lines v. David Larkins, Warden the District Attorney of the County of Bucks the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2000
  2. Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
  3. Jerry Mason v. Robert W. Meyers Attorney General of PennsylvaniaCourt of Appeals for the Third Circuit · 2000
  4. Daniel Workman v. Arthur Tate, (Workman I)Court of Appeals for the Sixth Circuit · 1992
  5. Stanton T. Story v. Warden Tom Kindt Attorney General PreateCourt of Appeals for the Third Circuit · 1994

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