Legal Opinion
Stanko v. Davis
Court of Appeals for the Tenth Circuit
Decided August 10, 2010No. 09-1073PublishedCited by 52 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
The district court dismissed as an abuse of the writ the habeas petition Rudy Stanko brought under 28 U.S.C. § 2241 to challenge the execution of his federal sentence. To resolve this appeal, we must determine whether a federal inmate 1 who brings a second or successive habeas petition under 28 U.S.C. § 2241 must first obtain circuit court authorization to proceed and, if not, whether the principles that governed successive and/or abusive writs before the enactment of the Antiterrorism and Effective Death Penalty Act, Pub.L. 104-132, 110 Stat. 1214 (1996) (“AEDPA”),…
2Cases cited30 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- McCleskey v. ZantSupreme Court of the United States · 1991
- Sanders v. United StatesSupreme Court of the United States · 1963
- Panetti v. QuartermanSupreme Court of the United States · 2007
- United States v. HaymanSupreme Court of the United States · 1952
25 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Alaimalo v. United StatesCourt of Appeals for the Ninth Circuit · 2011
- Brian Williams v. United StatesCourt of Appeals for the Sixth Circuit · 2019
- Roberto Beras v. Calvin Johnson, WardenCourt of Appeals for the Fifth Circuit · 2020
- United States v. MilesCourt of Appeals for the Tenth Circuit · 2019
- Alaimalo v. United StatesCourt of Appeals for the Ninth Circuit · 2011
47 more not listed; retrieve them via the Exa API.