Legal Opinion

Smith v. Allbaugh

Court of Appeals for the Tenth Circuit

Decided April 29, 2019No. 17-5095PublishedCited by 49 opinions

1Opinion of the Court

MORITZ, Circuit Judge.

Antonio Smith appeals the district court's order denying his 28 U.S.C. § 2254 petition. For the reasons discussed below, we reverse the district court's order and remand for further proceedings.

Background

Smith pleaded guilty in Oklahoma state court to drug trafficking, possessing a firearm as a felon, and a variety of related charges. Smith's habeas claims center around a plea offer that one of Smith's attorneys allegedly didn't communicate to him. Essentially, Smith says that he rejected a plea offer from the state that his first attorney presented to him, under which…

2Cases cited24 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. United States v. FradySupreme Court of the United States · 1982
  5. Strickler v. GreeneSupreme Court of the United States · 1999

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

3Cited by49 opinions

  1. Eaton v. PachecoCourt of Appeals for the Tenth Circuit · 2019
  2. United States v. KearnCourt of Appeals for the Tenth Circuit · 2024
  3. Andrew Miller v. Pavestone, LLC, and Quikrete Holdings, Inc.District Court, D. Colorado · 2026
  4. Bongiovanni v. City and County of Denver/ProbationDistrict Court, D. Colorado · 2025
  5. Burnett v. PettigrewDistrict Court, W.D. Oklahoma · 2024

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

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