Legal Opinion
Kenneth Lee v. William Stickman Stephen Zappala, Jr. Michael Fisher
Court of Appeals for the Third Circuit
Decided February 11, 2004No. 02-3497PublishedCited by 105 opinions
1Opinion of the Court
OPINION
CUDAHY, Circuit Judge.
This is an appeal by Kenneth Lee from an order of the United States District Court for the Western District of Pennsylvania dismissing his petition for a writ of habeas corpus on the ground that he had failed to exhaust available state court remedies. Lee contends that we must excuse the exhaustion requirement because of the eight-year delay in his post-conviction collateral proceedings in the Pennsylvania state courts. We agree. We therefore reverse the order of the district court and remand the ease for consideration of Lee’s habeas petition on the merits.
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2Cases cited22 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Fay v. NoiaSupreme Court of the United States · 1963
- Sibron v. New YorkSupreme Court of the United States · 1968
- Spencer v. KemnaSupreme Court of the United States · 1998
- Maleng v. CookSupreme Court of the United States · 1989
17 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Diop v. Ice/Homeland SecurityCourt of Appeals for the Third Circuit · 2011
- Leyva v. WilliamsCourt of Appeals for the Third Circuit · 2007
- Robert F. Caldwell v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Pete Ronald Martinez v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, David Franklin Beck v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
- Andrew Johnson v. Catherine BaumanCourt of Appeals for the Sixth Circuit · 2022
- Lawrence v. 48th District CourtCourt of Appeals for the Sixth Circuit · 2009
100 more not listed; retrieve them via the Exa API.