Legal Opinion
Lebere v. Abbott
Court of Appeals for the Tenth Circuit
Decided October 18, 2013No. 19-821PublishedCited by 24 opinions
1Opinion of the Court
O’BRIEN, Circuit Judge.
Kent LeBere is serving a 60-year term of imprisonment imposed by a Colorado court as a result of his conviction for second-degree murder and second-degree arson. In his 28 U.S.C. § 2254 petition for habeas relief, he contends the State relied on perjured testimony and withheld potentially exculpatory evidence material to his defense in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The only question presented is whether federal courts may consider his claim. 1 It involves the interplay between state and federal procedural rules.
The…
2Cases cited25 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Brady v. MarylandSupreme Court of the United States · 1963
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Estelle v. McGuireSupreme Court of the United States · 1991
- United States v. BagleySupreme Court of the United States · 1985
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ellis v. RaemischCourt of Appeals for the Tenth Circuit · 2017
- United States v. BattlesCourt of Appeals for the Tenth Circuit · 2014
- Fuller v. Warden, Arkansas Valley Correctional FacilityCourt of Appeals for the Tenth Circuit · 2017
- Ronald Phillips, Jr. v. Mark HoukCourt of Appeals for the Sixth Circuit · 2014
- Alcalde v. LongDistrict Court, D. Colorado · 2023
19 more not listed; retrieve them via the Exa API.