Legal Opinion

Thomas v. United States Disciplinary Barracks

Court of Appeals for the Tenth Circuit

Decided November 16, 2010No. 09-3291PublishedCited by 31 opinions

1Opinion of the Court

TYMKOVICH, Circuit Judge.

Rochester Thomas, a military prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, which the district court dismissed. Thomas then voluntarily abated his appeal in this court to petition a military court to consider his claims of ineffective appellate counsel. The military court summarily denied Thomas’s petition and, on remand, the district court again dismissed Thomas’s habeas petition.

The issue raised in this appeal is whether the military court’s summary dismissal rests on adequate legal grounds. We have jurisdiction under 28 U.S.C. §…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. GrostefonUnited States Court of Military Appeals · 1982
  3. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
  4. Burns v. WilsonSupreme Court of the United States · 1953
  5. Dettinger v. United StatesUnited States Court of Military Appeals · 1979

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3Cited by31 opinions

  1. Bruce Bereano v. United StatesCourt of Appeals for the Fourth Circuit · 2013
  2. Drinkert v. PayneCourt of Appeals for the Tenth Circuit · 2024
  3. Brimeyer v. NelsonCourt of Appeals for the Tenth Circuit · 2017
  4. United States v. Nedelcu (Silviu)Court of Appeals for the Tenth Circuit · 2013
  5. Aaron R. Stanley v. J L Jamison, WardenDistrict Court, S.D. New York · 2025

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