Legal Opinion
Fleming v. Evans
Court of Appeals for the Tenth Circuit
Decided April 3, 2007No. 06-6110PublishedCited by 144 opinions
1Opinion of the Court
TACHA, Chief Circuit Judge.
Petitioner-Appellant Kipton Fleming, a state prisoner appearing pro se, seeks a certificate of appealability (“COA”) to appeal the District Court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The District Court did not address Mr. Fleming’s substantive claims but instead dismissed the petition as untimely. We take jurisdiction under 28 U.S.C. §§ 1291 and 2253, grant his application for a COA, vacate the judgment of the District Court, and remand for further proceedings.
I. BACKGROUND
In 2001, Mr. Fleming was charged in Oklahoma…
2Cases cited30 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Houston v. LackSupreme Court of the United States · 1988
- Evitts v. LuceySupreme Court of the United States · 1985
- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
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3Cited by144 opinions
- Yang v. ArchuletaCourt of Appeals for the Tenth Circuit · 2008
- Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
- Elliot Ray v. Marc ClementsCourt of Appeals for the Seventh Circuit · 2012
- Downs v. McNeilCourt of Appeals for the Eleventh Circuit · 2008
- Prendergast v. ClementsCourt of Appeals for the Tenth Circuit · 2012
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