Legal Opinion
Duane Wendall Larson v. United States
Court of Appeals for the Eighth Circuit
Decided July 25, 1990No. 89-5171PublishedCited by 59 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Duane Wendall Larson appeals from the district court’s dismissal of his second petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (1988). Because we find that Larson’s second petition is successive and that the district court’s denial of Larson’s first petition was a determination on the merits, we hold that the district court should have given controlling weight to its denial of Larson’s first petition, and dismissed the second petition for that reason. Accordingly, we affirm.
I. BACKGROUND
Larson was convicted in 1984 of possession with intent to distribute…
2Cases cited9 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Norman J. Mastrian v. Bruce W. McManus Warden, Minnesota State PrisonCourt of Appeals for the Eighth Circuit · 1977
- United States v. Duane Wendall Larson, United States of America v. Sheila Jane BurgessCourt of Appeals for the Eighth Circuit · 1985
- Rodney D. Williams v. A.L. Lockhart, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1988
- United States v. Frederick D. KraemerCourt of Appeals for the Eighth Circuit · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Corey Earl Engelen v. United StatesCourt of Appeals for the Eighth Circuit · 1995
- James F. Shaw v. United StatesCourt of Appeals for the Eighth Circuit · 1994
- Gregory Wade Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1992
- Cephus Donald Dyer v. United StatesCourt of Appeals for the Eighth Circuit · 1994
- George C. Gilmore v. Paul Delo, Superintendent, Potosi Correctional CenterCourt of Appeals for the Eighth Circuit · 1990
54 more not listed; retrieve them via the Exa API.