Legal Opinion
Garcia H. Simpson v. Emitt L. Sparkman
Court of Appeals for the Sixth Circuit
Decided August 23, 1996No. 95-6134PublishedCited by 82 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
This appeal challenges a District Court order granting petitioner Garcia Simpson a writ of habeas corpus. Appellant argues that the District Court erroneously disregarded petitioner’s procedural default of his due process claim when it granted the writ. For the following reasons, we REVERSE.
I. Facts
On March 28, 1991, a Kentucky jury convicted petitioner of one count of trafficking in cocaine and of being a persistent felony offender (“PFO”) in the first degree. Petitioner’s PFO conviction was based on not only this 1991 conviction, but also two prior convictions: (1) a…
2Cases cited11 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Harris v. ReedSupreme Court of the United States · 1989
- Ylst v. NunnemakerSupreme Court of the United States · 1991
- Joseph Scott Hunter, A/K/A Raymond C. Dirker v. Bernie Aispuro, WardenCourt of Appeals for the Ninth Circuit · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Robert Glen Coe, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1999
- Jimmie Lee Simpson v. Kurt Jones, WardenCourt of Appeals for the Sixth Circuit · 2000
- Robert A. Buell v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2001
- Ernest Martin v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2002
- Eduardo Bonilla v. Pat Hurley, WardenCourt of Appeals for the Sixth Circuit · 2004
77 more not listed; retrieve them via the Exa API.