Legal Opinion

Scott Matthew Hucke v. State of Oregon and Harl Haas

Court of Appeals for the Ninth Circuit

Decided May 5, 1993No. 91-35876PublishedCited by 28 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

This case presents a conflict between a federal bankruptcy proceeding and a state criminal proceeding, in which the bankruptcy court opinion (as applied by the federal district court) effected the release of an Oregon State prisoner convicted of rape by voiding the State’s probation revocation. We vacate and remand.

FACTS & PROCEDURAL HISTORY

On the night of December 15,1989, Appel-lee Scott Matthew Hucke and his friend David Stone forcibly raped a young woman. On May 29, 1990, Hucke pleaded guilty to rape in the first degree in the Circuit Court of the State of…

2Cases cited6 opinions

  1. Frisbie v. CollinsSupreme Court of the United States · 1952
  2. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  3. Barker v. IrelandOregon Supreme Court · 1964
  4. In Re HuckeDistrict Court, D. Oregon · 1991
  5. Hucke v. Oregon Ex Rel. Division of Corrections, Department of Human Resources (In Re Hucke)United States Bankruptcy Court, D. Oregon · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. ColasuonnoCourt of Appeals for the Second Circuit · 2012
  3. Nash v. Clark County District Attorney's Office (In Re Nash)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  4. Lenke v. Tischler (In Re Lenke)United States Bankruptcy Court, D. Arizona · 2000
  5. In Re Robert Gruntz, Debtor. Robert Gruntz v. County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 1999

23 more not listed; retrieve them via the Exa API.

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