Legal Opinion

James E. Lowery v. Gary R. McCaughtry Warden, Waupun Correctional Institution

Court of Appeals for the Seventh Circuit

Decided January 17, 1992No. 90-2659PublishedCited by 33 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Now making its second appearance in this court, James Lowery’s quest for a writ of habeas corpus poses a question about exhaustion of state remedies. Lowery is serving time in Wisconsin for offenses committed there. He does not challenge the conviction but does contest the augmentation of the sentence on the basis of prior convictions in Georgia. These convictions, Lowery insists, are constitutionally infirm. The details of the convictions and Lowery’s challenge to them do not matter.

Last time around, we held that Lowery’s custodian in Wisconsin is the proper…

2Cases cited19 opinions

  1. Maleng v. CookSupreme Court of the United States · 1989
  2. United States v. MorganSupreme Court of the United States · 1954
  3. United States v. HaymanSupreme Court of the United States · 1952
  4. Huntington v. AttrillSupreme Court of the United States · 1892
  5. Johnson v. MississippiSupreme Court of the United States · 1988

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3Cited by33 opinions

  1. Denedo v. United StatesCourt of Appeals for the Armed Forces · 2008
  2. James H. Higgason, Jr. v. Richard Clark, Superintendent, Indiana State Prison, and Attorney General of IndianaCourt of Appeals for the Seventh Circuit · 1993
  3. Anthony Fawcett v. Stephen E. BablitchCourt of Appeals for the Seventh Circuit · 1992
  4. Steven Finkelstein v. Eliot Spitzer, Attorney GeneralCourt of Appeals for the Second Circuit · 2006
  5. Rawlins v. State of KansasCourt of Appeals for the Tenth Circuit · 2013

28 more not listed; retrieve them via the Exa API.

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