Legal Opinion

Clayton v. Jones

Court of Appeals for the Tenth Circuit

Decided November 16, 2012No. 11-7000PublishedCited by 100 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

James Clayton, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, contending he received ineffective assistance of counsel when his attorney ignored his repeated instructions to file an appeal after he pled guilty. The magistrate judge found that Mr. Clayton’s attorney disregarded his request to file an appeal and recommended that the district court conditionally grant the writ and order that Mr. Clayton be allowed to withdraw his guilty plea within 120 days. The district court agreed and so held. On appeal, the State contends the…

2Cases cited25 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Evitts v. LuceySupreme Court of the United States · 1985
  3. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  4. Hilton v. BraunskillSupreme Court of the United States · 1987
  5. United States v. MorrisonSupreme Court of the United States · 1981

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3Cited by100 opinions

  1. United States v. Jazzman Rickeem BrownCourt of Appeals for the Eleventh Circuit · 2018
  2. Akinyemi Olubunmi Oke v. Mary De Anda-Ybarra, et al.District Court, D. New Mexico · 2026
  3. Al-Amiin v. CrowDistrict Court, E.D. Oklahoma · 2022
  4. Amaury Fernandez Tamayo v. Mary De Anda-Ybarra, et al.District Court, D. New Mexico · 2026
  5. Anil Kumar v. Scarlet Grant, et al.District Court, W.D. Oklahoma · 2026

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