Legal Opinion
John C. Burns v. James Anthony Gammon, Jeremiah (Jay) Nixon, Attorney General, Missouri
Court of Appeals for the Eighth Circuit
Decided August 14, 2001No. 00-2903PublishedCited by 29 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Missouri prisoner John Burns appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Because we find Burns can show cause and prejudice sufficient to raise the procedural bar to one of his ineffective assistance of trial counsel claims, and because we find such claim to be meritorious, we reverse in part and direct that a writ of habeas corpus be issued, subject to conditions outlined later in this opinion.
I. BACKGROUND
In 1987 Burns was convicted in a Missouri state court of attempted forcible rape, armed criminal action, and…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Pointer v. TexasSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Darden v. WainwrightSupreme Court of the United States · 1986
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. WhittenCourt of Appeals for the Second Circuit · 2010
- United States v. HargroveCourt of Appeals for the Fourth Circuit · 2010
- Michael Anthony Taylor v. Michael S. BowersoxCourt of Appeals for the Eighth Circuit · 2003
- United States v. Mendoor Lamont Smith, United States of America v. Darrian Deangelis JordanCourt of Appeals for the Eighth Circuit · 2005
- United States v. StephensCourt of Appeals for the Armed Forces · 2009
24 more not listed; retrieve them via the Exa API.