Wayne Paul Burkett v. Richard Cunningham, Warden
Court of Appeals for the Third Circuit
1Opinion of the Court
BECKER, Circuit Judge.
These two habeas corpus appeals by Wayne Paul Burkett, arising out of three state court convictions, require us to determine whether a federal court, presented with post-conviction delay ranging from excessive to monumental, should not only deem state remedies exhausted, but also grant writs of habeas corpus on account of the delay. Each of the convictions took place in the Blair County, Pennsylvania, Court of Common Pleas, where the problem of delay seems endemic. See infra at 1227 & n. 48.
In No. 86-3074, we confront a delay of two years and four months between…
2Cases cited65 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Rose v. LundySupreme Court of the United States · 1982
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Donnelly v. DeChristoforoSupreme Court of the United States · 1974
- United States v. MarionSupreme Court of the United States · 1971
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3Cited by170 opinions
- United States v. MorenoCourt of Appeals for the Armed Forces · 2006
- Debro S. Abdul-Akbar v. Roderick R. MckelvieCourt of Appeals for the Third Circuit · 2001
- Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
- Commonwealth v. BurkettSuperior Court of Pennsylvania · 2010
- Kolberg v. StateMississippi Supreme Court · 1997
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