Legal Opinion
Spann v. Martin
Court of Appeals for the Fourth Circuit
Decided April 30, 1992No. 91-4007PublishedCited by 9 opinions
1Opinion of the Court
OPINION
CHAPMAN, Senior Circuit Judge:
The issue is whether the district court abused its discretion in granting the capital habeas corpus petitioner dismissal without prejudice of his federal court action so that he might reexhaust certain state court claims, when such action had been in litigation in federal court for over five years and the execution of the state sentence has been stayed by the federal court since June 17, 1986. We hold that the district court did abuse its discretion, and we reverse and remand to the district court for a prompt consideration of the case on the merits.
I
In…
2Cases cited14 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Brady v. MarylandSupreme Court of the United States · 1963
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Austin v. StateSupreme Court of South Carolina · 1991
- State v. SpannSupreme Court of South Carolina · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gannett Company, Incorporated v. The Clark Construction Group, IncorporatedCourt of Appeals for the Fourth Circuit · 2002
- Robert Felder v. Richard D. McVicarCourt of Appeals for the Seventh Circuit · 1997
- Norwood v. BainCourt of Appeals for the Fourth Circuit · 1999
- Strickler v. MurraySupreme Court of Virginia · 1995
- Joseph H. Norwood, Individually and as Representative of a Class of Citizens v. W.C. Bain, Jr., Individually and in His Official Capacity as Director of Public Safety for the City of Spartanburg Police Department City of Spartanburg, Joseph H. Norwood, Individually and as Representative of a Class of Citizens v. W.C. Bain, Jr., Individually and in His Official Capacity as Director of Public Safety for the City of Spartanburg Police Department City of SpartanburgCourt of Appeals for the Fourth Circuit · 1999
4 more not listed; retrieve them via the Exa API.