Legal Opinion
Gary Lee Doctor v. Gilbert A. Walters
Court of Appeals for the Third Circuit
Decided November 4, 1996No. 95-3484PublishedCited by 181 opinions
1Opinion of the Court
OPINION OF THE COURT
O’NEILL, District Judge:
Petitioner Gary Doctor appeals the dismissal of his petition for a writ of habeas corpus. The court below dismissed the petition because: (1) Doctor failed to exhaust his state remedies; and (2) the Pennsylvania courts refused to consider the merits of his direct appeals based on an independent and adequate state procedural rule. We conclude that Doctor did not exhaust his state remedies and that it would not be futile to require him to raise his unexhausted claims under Pennsylvania’s Post Conviction Relief Act. 42 *678Pa.C.S. §§ 9641-46 (Supp.1996).…
2Cases cited48 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Harris v. ReedSupreme Court of the United States · 1989
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
43 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- Beard v. KindlerSupreme Court of the United States · 2009
- Joseph Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2007
- Lisa Michelle Lambert v. Charlotte Blackwell, Mrs., Superintendent the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 1998
- Lawrence Lines v. David Larkins, Warden the District Attorney of the County of Bucks the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2000
- Robert E. Wenger, Jr. v. Frederick K. Frank Attorney General of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
176 more not listed; retrieve them via the Exa API.