Legal Opinion
LaFevers v. Gibson
Court of Appeals for the Tenth Circuit
Decided January 29, 2001No. 00-6381PublishedCited by 39 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
Loyd Winford LaFevers appeals 1 the district court’s dismissal of his second 28 U.S.C. § 2254 habeas petition. 2 The district court dismissed the petition after concluding that it failed to satisfy the requirements of 28 U.S.C. § 2244(b)(2)(B)(ii). Section 2244(b)(2)(B)(ii) requires that a claim in a second or successive § 2254 habeas application that was not presented in a prior petition shall be dismissed unless
the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence…
2Cases cited11 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Giglio v. United StatesSupreme Court of the United States · 1972
- Herrera v. CollinsSupreme Court of the United States · 1993
- Donald Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 1997
- Sean Richard Sellers v. Ronald Ward, Warden of the Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1998
6 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Case v. HatchCourt of Appeals for the Tenth Circuit · 2013
- Ex parte FournierCourt of Criminal Appeals of Texas · 2015
- Cannon v. GibsonCourt of Appeals for the Tenth Circuit · 2001
- Ochoa v. SirmonsCourt of Appeals for the Tenth Circuit · 2007
- Farrar v. RaemischCourt of Appeals for the Tenth Circuit · 2019
34 more not listed; retrieve them via the Exa API.