Legal Opinion
James Capps v. George Sullivan
Court of Appeals for the Tenth Circuit
Decided December 29, 1993No. 91-2125PublishedCited by 217 opinions
1Opinion of the Court
BRORBY, Circuit Judge.
In this case we consider the jurisdiction of a United States District Court acting pursuant to 28 U.S.C. §§ 2241 et seq., the federal habeas corpus statute, to bar a state criminal proceeding.
BACKGROUND
In September 1986 Mr. James Capps was convicted of heroin trafficking by a state court in New Mexico. In August 1989 a United States District Court issued an order granting Mr. Capps’ request for a writ of habeas corpus after finding the conviction was tainted by a constitutional violation, ineffective assistance of counsel. The federal court’s order instructed Mr.…
2Cases cited24 opinions
- Irvin v. DowdSupreme Court of the United States · 1961
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Hilton v. BraunskillSupreme Court of the United States · 1987
- Ex Parte RoyallSupreme Court of the United States · 1886
- Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
19 more not listed; retrieve them via the Exa API.
3Cited by217 opinions
- Hoeun Yong v. Immigration and Naturalization Service,opinionCourt of Appeals for the Ninth Circuit · 2000
- Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012
- Douglas v. WorkmanCourt of Appeals for the Tenth Circuit · 2009
- Richard S. Demarest v. William Price Gale Norton, Attorney General of the State of ColoradoCourt of Appeals for the Tenth Circuit · 1997
- Jones v. CainCourt of Appeals for the Fifth Circuit · 2010
212 more not listed; retrieve them via the Exa API.