Legal Opinion
Allen v. Zavaras
Court of Appeals for the Tenth Circuit
Decided June 15, 2009No. 07-1501PublishedCited by 52 opinions
1Opinion of the Court
O’BRIEN, Circuit Judge.
Edward Allen appeals from the district court’s sua sponte dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. We grant a certificate of appealability (COA) on a single, narrow issue — whether the district court erred in sua sponte dismissing Allen’s habeas petition without requesting a response from the government. We affirm.
I. BACKGROUND
Allen was convicted in state court of three counts of sexual assault on a child by a person in a position of trust and was sentenced to three concurrent indeterminate terms of ten years to life in prison.…
2Cases cited20 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Jones v. BockSupreme Court of the United States · 2007
- Rose v. LundySupreme Court of the United States · 1982
- Porter v. NussleSupreme Court of the United States · 2002
15 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021
- Fairchild v. WorkmanCourt of Appeals for the Tenth Circuit · 2009
- Littlejohn v. TrammellCourt of Appeals for the Tenth Circuit · 2013
- United States v. Chang HongCourt of Appeals for the Tenth Circuit · 2011
- Stuart v. State of UtahCourt of Appeals for the Tenth Circuit · 2011
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