Legal Opinion
Crews v. Horn
Court of Appeals for the Third Circuit
Decided March 4, 2004No. 99-9008PPublishedCited by 84 opinions
1Opinion of the Court
OPINION
ROTH, Circuit Judge.
Petitioner Paul David Crews, who faces a death sentence for a double-murder, appeals the dismissal without prejudice of his petition for a writ of habeas corpus. Crews concedes that the petition is a mixed petition (ie., it contains both exhausted and unexhausted claims), so that the District Court lacks the power to grant relief under the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), codified at 28 U.S.C. § 2254(b)(1). However, he argues that, instead of dismissing the petition without prejudice, the District Court should hold it in abeyance…
2Cases cited26 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Duncan v. WalkerSupreme Court of the United States · 2001
- Artuz v. BennettSupreme Court of the United States · 2000
- Carey v. SaffoldSupreme Court of the United States · 2002
- Woodford v. GarceauSupreme Court of the United States · 2003
21 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Rhines v. WeberSupreme Court of the United States · 2005
- Taylor v. HornCourt of Appeals for the Third Circuit · 2007
- Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005
- Steven G. Slutzker in No. 03-4219 v. Philip Johnson Gerald J. Pappert Stephen A. Zappala, Jr., District Attorney, Allegheny County, Pa, in No. 03-4046Court of Appeals for the Third Circuit · 2004
- Curtis Brinson v. Donald Vaughn the District Attorney of the County of Philadelphia the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
79 more not listed; retrieve them via the Exa API.