Legal Opinion

Luke Hunton v. Stephen Sinclair

Court of Appeals for the Ninth Circuit

Decided October 11, 2013No. 12-35363PublishedCited by 62 opinions

1Opinion of the Court

Opinion by Judge Fernandez; Dissent by Judge W. Fletcher.

OPINION

FERNANDEZ, Circuit Judge:

Luke M. Hunton appeals the district court’s dismissal of part of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. He asserts that because he is raising a Brady1 claim, he is not bound by the holdings of Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), that preclude relief when a claim was not exhausted during the post-conviction review process on account of lack of counsel or ineffective assistance of counsel. We affirm.

BACKGROUND

After Hunton was convicted in the…

2Cases cited10 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Martinez v. RyanSupreme Court of the United States · 2012
  4. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  5. Agostini v. FeltonSupreme Court of the United States · 1997

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3Cited by62 opinions

  1. Rodney Reed v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2014
  2. Abu-Ali Abdur'Rahman v. Wayne CarpenterCourt of Appeals for the Sixth Circuit · 2015
  3. Gerald Pizzuto, Jr. v. Al RamirezCourt of Appeals for the Ninth Circuit · 2015
  4. Edmund Zagorski v. Tony MaysCourt of Appeals for the Sixth Circuit · 2018
  5. Doyle Lee Hamm v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2015

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