Legal Opinion

Evans v. Court of Common Pleas, Delaware County

Court of Appeals for the Third Circuit

Decided March 18, 1992No. 90-1949PublishedCited by 104 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Chief Judge.

Petitioner Frances Evans appeals to this court from the district court’s order dismissing her petition for a writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 1291. Evans, a state prisoner whose conviction has been vacated because of evidentiary errors and who faces a retrial in state court, argues that the district court erred in dismissing her federal habeas corpus petition on the ground of failure to exhaust. We agree with Evans, but must then determine whether a federal court may consider the merits of a state…

2Cases cited31 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Picard v. ConnorSupreme Court of the United States · 1971
  4. Burks v. United StatesSupreme Court of the United States · 1978
  5. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973

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3Cited by104 opinions

  1. Lisa Michelle Lambert v. Charlotte Blackwell, Mrs., Superintendent the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 1998
  2. Vincent Wilkerson v. Superintendent Fayette SCICourt of Appeals for the Third Circuit · 2017
  3. Evans v. Court Of Common PleasCourt of Appeals for the Third Circuit · 1992
  4. Porter v. HornDistrict Court, E.D. Pennsylvania · 2003
  5. Blasi v. Attorney General of the Commonwealth of PennsylvaniaDistrict Court, M.D. Pennsylvania · 1998

99 more not listed; retrieve them via the Exa API.

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