Legal Opinion
Upchurch v. Bruce
Court of Appeals for the Tenth Circuit
Decided June 18, 2003No. 02-3242PublishedCited by 21 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
In this habeas case, the district court granted relief to petitioner David Up-church on the basis that his appellate counsel failed to mount an adequate challenge to his kidnapping charge. On appeal, we consider whether the Kansas Court of Appeals’ (“KCOA’s”) decision denying post-conviction relief constituted an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We exercise jurisdiction pursuant to 28 U.S.C. § 2253, and reverse the district court’s grant of habeas relief.
I
Around midnight on Labor Day in 1995,…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Jones v. BarnesSupreme Court of the United States · 1983
- Lockyer v. AndradeSupreme Court of the United States · 2003
- Smith v. RobbinsSupreme Court of the United States · 2000
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Parker v. ScottCourt of Appeals for the Tenth Circuit · 2005
- Hammon v. WardCourt of Appeals for the Tenth Circuit · 2006
- Harris v. PoppellCourt of Appeals for the Tenth Circuit · 2005
- Ives v. BooneCourt of Appeals for the Tenth Circuit · 2004
- Linzy v. FaulkCourt of Appeals for the Tenth Circuit · 2015
16 more not listed; retrieve them via the Exa API.