Legal Opinion

Mays v. Dinwiddie

Court of Appeals for the Tenth Circuit

Decided August 26, 2009No. 08-5129PublishedCited by 42 opinions

1Opinion of the Court

CLAIRE V. HENRY, Chief Judge.

Jerry Lee Mays, an Oklahoma state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court held that the burglary sentence that Mr. Mays sought to challenge had expired and that, as a result, he could not establish that he was “in custody pursuant to the judgment of a State court ... in violation of the Constitution or laws or treaties of the United States.” See 28 U.S.C. § 2254(a).

Mr. Mays now argues that pursuant to the Supreme Court’s decision in Garlotte v. Fordice, 515 U.S. 39, 115 S.Ct. 1948, 132…

2Cases cited15 opinions

  1. Spencer v. KemnaSupreme Court of the United States · 1998
  2. Duncan v. WalkerSupreme Court of the United States · 2001
  3. Maleng v. CookSupreme Court of the United States · 1989
  4. Jones v. CunninghamSupreme Court of the United States · 1963
  5. Peyton v. RoweSupreme Court of the United States · 1968

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

3Cited by42 opinions

  1. Klen v. City of Loveland, Colo.Court of Appeals for the Tenth Circuit · 2011
  2. Calhoun v. Colorado Attorney GeneralCourt of Appeals for the Tenth Circuit · 2014
  3. Reid v. PautlerDistrict Court, D. New Mexico · 2014
  4. United States v. MillerCourt of Appeals for the Tenth Circuit · 2010
  5. Arnaiz v. Warden, Federal Satellite LowCourt of Appeals for the Eleventh Circuit · 2010

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

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