Legal Opinion

Bret S. Klein v. Donice Neal Gale Norton, Attorney General of the State of Colorado

Court of Appeals for the Tenth Circuit

Decided January 17, 1995No. 94-1431PublishedCited by 65 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

Bret S. Klein, appearing pro se, brings this appeal challenging the district, court’s dismissal of his habeas corpus petition. The district court dismissed the petition because Mr: Klein failed to carry his burden of overcoming a procedural bar to his ineffective assistance of counsel claim by demonstrating either cause and prejudice for his default or that a fundamental miscarriage of justice would occur if we did not address the merits of his claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

BACKGROUND

The facts, briefly stated, are as follows. In…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Coleman v. ThompsonSupreme Court of the United States · 1991
  4. Hill v. LockhartSupreme Court of the United States · 1985
  5. Murray v. CarrierSupreme Court of the United States · 1986

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3Cited by65 opinions

  1. Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021
  2. Amos v. ScottCourt of Appeals for the Fifth Circuit · 1995
  3. Gregory Dale English v. R. Michael Cody, Warden, Laveita Osborn Ogden v. Neville MasseyCourt of Appeals for the Tenth Circuit · 1998
  4. Anthony Rozelle Banks v. Dan M. Reynolds, Warden, Oklahoma State Penitentiary, McAlester Oklahoma Susan B. Loving, Attorney General of OklahomaCourt of Appeals for the Tenth Circuit · 1995
  5. Gary Randall Hoxsie v. Dareld Kerby, Warden Tom Udall, Attorney General for the State of New MexicoCourt of Appeals for the Tenth Circuit · 1997

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