Legal Opinion
Toulson v. Beyer
Court of Appeals for the Third Circuit
Decided March 12, 1993No. 92-5310PublishedCited by 138 opinions
1Opinion of the Court
OPINION OP THE COURT
SCIRICA, Circuit Judge.
In this habeas corpus case involving a mixed petition,1 we must decide whether the district court properly reached and determined the merits of petitioner’s claim that the state sentencing judge impermissi-bly based sentencing on facts not in the record. The district court ruled that although the petition’s “mixed” status generally required dismissal without prejudice pending exhaustion of unexhausted claims, it nevertheless could properly reach the merits of the exhausted claims since the unexhausted claims were procedurally defaulted under state…
2Cases cited19 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Rose v. LundySupreme Court of the United States · 1982
- Teague v. LaneSupreme Court of the United States · 1989
- Picard v. ConnorSupreme Court of the United States · 1971
- Herrera v. CollinsSupreme Court of the United States · 1993
14 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Lisa Michelle Lambert v. Charlotte Blackwell, Mrs., Superintendent the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 1998
- Lawrence Lines v. David Larkins, Warden the District Attorney of the County of Bucks the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2000
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
- Robert Defoy v. John M. McCullough Superintendent: Gerald J. Pappert, Att. General: Pennsylvania Board of Probation and ParoleCourt of Appeals for the Third Circuit · 2005
- Robert E. Wenger, Jr. v. Frederick K. Frank Attorney General of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
133 more not listed; retrieve them via the Exa API.