Legal Opinion
Fairchild v. Workman
Court of Appeals for the Tenth Circuit
Decided August 31, 2009No. 06-6327PublishedCited by 167 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
Petitioner-Appellant Richard S. Fair-child, currently on death row in the State of Oklahoma, appeals from the District Court for the Western District of Oklahoma’s denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Mr. Fairchild was convicted in an Oklahoma state court of child abuse murder and sentenced to death. For the reasons stated below, we hold that Mr. Fair-child’s ineffective assistance of counsel claim is unexhausted and that the district court should determine in the first instance whether it is appropriate to stay and abate…
2Cases cited64 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Rose v. LundySupreme Court of the United States · 1982
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Kyles v. WhitleySupreme Court of the United States · 1995
59 more not listed; retrieve them via the Exa API.
3Cited by167 opinions
- Garza v. DavisCourt of Appeals for the Tenth Circuit · 2010
- Byrd v. WorkmanCourt of Appeals for the Tenth Circuit · 2011
- Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012
- Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021
- Grant v. RoyalCourt of Appeals for the Tenth Circuit · 2018
162 more not listed; retrieve them via the Exa API.