Legal Opinion
Hicks v. Franklin
Court of Appeals for the Tenth Circuit
Decided November 17, 2008No. 07-7084PublishedCited by 29 opinions
1Opinion of the Court
KELLY, Circuit Judge.
Gary Lee Hicks pled guilty to murder in the second degree in violation of Okla. Stat. tit. 21 § 701.8 (1976), 1 for which he was sentenced to life imprisonment. After exhausting his state remedies, he filed a pro se federal habeas petition under 28 U.S.C. § 2254 claiming that his plea lacked a factual basis, that it was not knowing and voluntary, and that his sentence was excessive. The district court adopted the report and recommendation of the magistrate judge, denied relief, and subsequently denied a certificate of appealability (“COA”). 28 U.S.C. § 2253(c)(2). Mr.…
2Cases cited28 opinions
- Bell v. ConeSupreme Court of the United States · 2002
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Dennis Wayne Moore v. United StatesCourt of Appeals for the Tenth Circuit · 1991
- Marshall v. LonbergerSupreme Court of the United States · 1983
- Kontrick v. RyanSupreme Court of the United States · 2004
23 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. TrujilloCourt of Appeals for the Tenth Circuit · 2020
- State v. DaughtryCourt of Appeals of Maryland · 2011
- United States v. WeeksCourt of Appeals for the Tenth Circuit · 2011
- United States v. WilliamsCourt of Appeals for the Tenth Circuit · 2015
- United States v. CarilloCourt of Appeals for the Tenth Circuit · 2017
24 more not listed; retrieve them via the Exa API.