Legal Opinion
Richard Hardiman v. Dan M. Reynolds, Warden and Attorney General of the State of Oklahoma
Court of Appeals for the Tenth Circuit
Decided July 20, 1992No. 91-6337PublishedCited by 94 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This is an appeal from a dismissal of a habeas corpus petition under 28 U.S.C. § 2254 on the ground of state procedural default. We hold that the defense of state procedural default may be raised sua sponte so long as the court provides the petitioner an opportunity to respond to the defense. 1 We also hold that defense counsel may, under some circumstances, have a constitutional duty to discuss the merits of appeal with a criminal defendant even though the defendant has pled guilty. Because the Petitioner at bar has alleged facts that, if proven, could establish a…
2Cases cited26 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Wainwright v. SykesSupreme Court of the United States · 1977
- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
- Dennis Wayne Moore v. United StatesCourt of Appeals for the Tenth Circuit · 1991
- Jenkins v. AndersonSupreme Court of the United States · 1980
21 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- Trest v. CainSupreme Court of the United States · 1997
- Steven Keith Hatch v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1995
- Ronald Dale Yeatts v. Ronald J. Angelone, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1999
- Nevin G. Sweger, Jr. v. Joseph W. Chesney District Attorney of the County of Cumberland Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2002
89 more not listed; retrieve them via the Exa API.