Legal Opinion
Monty P. Sena v. New Mexico State Prison Attorney General State of New Mexico
Court of Appeals for the Tenth Circuit
Decided March 13, 1997No. 95-2170PublishedCited by 45 opinions
1Opinion of the Court
JOHN C. PORFILIO, Circuit Judge.
Petitioner Monty P. Sena appeals the dismissal of his petition filed under 28 U.S.C. § 2254. In the petition, Mr. Sena asserted his 1978 state guilty plea was involuntary, his counsel was ineffective, and the state trial court erred by not granting him a competency hearing prior to the entry of his plea. The district court dismissed the petition on the basis of procedural default and denied a certificate of probable cause.
Because this appeal was pending during the adoption of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110…
2Cases cited17 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Pate v. RobinsonSupreme Court of the United States · 1966
- Ronald Watson Lafferty v. Gerald Cook, Warden of the Utah State PrisonCourt of Appeals for the Tenth Circuit · 1992
- Davidson J. James v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1992
- Michael R. Romero v. Robert J. Tansy and Attorney General of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1995
12 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Luther K. Barnett, Jr. v. Steve HargettCourt of Appeals for the Tenth Circuit · 1999
- Smallwood v. GibsonCourt of Appeals for the Tenth Circuit · 1999
- Feldon Jackson, Jr. v. John ShanksCourt of Appeals for the Tenth Circuit · 1998
- Bryson v. WardCourt of Appeals for the Tenth Circuit · 1999
- Gary Alan Walker v. Attorney General for the State of Oklahoma Ron WardCourt of Appeals for the Tenth Circuit · 1999
40 more not listed; retrieve them via the Exa API.