Legal Opinion
Ochoa v. Sirmons
Court of Appeals for the Tenth Circuit
Decided April 9, 2007No. 06-6349PublishedCited by 48 opinions
1Per curiam
George Ochoa was convicted of first degree murder and sentenced to death in 1996. See Ochoa v. State, 963 P.2d 583 (Okla.Crim.App.1998). With the denial of his first federal habeas petition still under review on appeal, he now seeks to challenge his sentence on the basis that he is mentally retarded and hence ineligible for the death penalty under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). He contends he is entitled to proceed on this new claim for two reasons: (1) because his first habeas action has not been finally resolved, the claim is not “second or…
2Cases cited22 opinions
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Gonzalez v. CrosbySupreme Court of the United States · 2005
- Penry v. LynaughSupreme Court of the United States · 1989
- Cooper v. OklahomaSupreme Court of the United States · 1996
- Donald Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 1997
17 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Case v. HatchCourt of Appeals for the Tenth Circuit · 2013
- Douglas v. WorkmanCourt of Appeals for the Tenth Circuit · 2009
- Williams v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- United States v. Tamara SantarelliCourt of Appeals for the Third Circuit · 2019
- In re: John Ruthell HenryCourt of Appeals for the Eleventh Circuit · 2014
43 more not listed; retrieve them via the Exa API.