Legal Opinion

Lawrence Lines v. David Larkins, Warden the District Attorney of the County of Bucks the Attorney General of the State of Pennsylvania

Court of Appeals for the Third Circuit

Decided March 21, 2000No. 97-2050PublishedCited by 479 opinions

1Opinion of the Court

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to review the District Court’s dismissal of Lawrence Lines’ petition for a writ of habeas corpus under 28 U.S.C. § 2254. The District Court held that Lines had not exhausted his state court remedies, and dismissed the petition without prejudice based upon that court’s conclusion that Lines could return to state court to properly present his claims there. We agree that Lines has not exhausted his state court remedies. However, we conclude that returning to state court would be futile and that his claims are all proee-durally defaulted. We…

2Cases cited40 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  5. Commonwealth v. AlbrechtSupreme Court of Pennsylvania · 1998

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3Cited by479 opinions

  1. Tyrone Werts v. Donald T. Vaughn the District Attorney of the County of Philadelphia the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2000
  2. Joseph Coady v. Donald T. Vaughn the District Attorney of the County of Montgomery the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
  3. Robert E. Wenger, Jr. v. Frederick K. Frank Attorney General of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
  4. Leyva v. WilliamsCourt of Appeals for the Third Circuit · 2007
  5. Whitney v. HornCourt of Appeals for the Third Circuit · 2002

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