Legal Opinion
Herrera v. Payne
Court of Appeals for the Tenth Circuit
Decided March 12, 1982No. Nos. 82-1113, 82-1114PublishedCited by 10 opinions
1Per curiam
The question presented in these petitions for writs of mandamus is whether a statement of reasons is required by Fed.R.App.P. 22(b) when a district court denies a certificate of probable cause. See 28 U.S.C. §§ 2253, 2254.
Following the dismissal of Mr. Herrera’s and Mr. Trujillo’s petitions for habeas corpus relief, District Court Case Nos. 80-977 P and 81-438 P, the district court in each case denied the required certificate by an order which reads as follows:
Petitioner having filed Notice of Appeal from the Order dismissing the petition for writ of habeas corpus, and the Court finding no…
2Cases cited6 opinions
- Gary D. Gardner v. Edwin Pogue, Warden, Nevada State PenitentiaryCourt of Appeals for the Ninth Circuit · 1977
- John S. Mays v. Pioneer Lumber Corporation, a West Virginia CorporationCourt of Appeals for the Fourth Circuit · 1974
- Charles Alexander v. David Harris, as Superintendent of Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- Tommy Liles v. The South Carolina Department of Corrections, and William D. Leeke, DirectorCourt of Appeals for the Fourth Circuit · 1969
- Dillingham v. WainwrightDistrict Court, S.D. Florida · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Haynes v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
- Brown v. BookerDistrict Court, E.D. Virginia · 1985
- Wilks v. YoungDistrict Court, E.D. Wisconsin · 1984
- Haynes v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
- Edwin Almeyda v. Frank O. Gunter, Executive Director, Colorado Department of Corrections, Canon City, ColoradoCourt of Appeals for the Tenth Circuit · 1992
5 more not listed; retrieve them via the Exa API.