Legal Opinion

James Capps v. George Sullivan

Court of Appeals for the Tenth Circuit

Decided December 10, 1990No. 89-2220PublishedCited by 24 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

James Capps, a state prisoner, brought a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 after exhausting state remedies. He claims his constitutional rights were violated during a state court trial in which he was convicted of trafficking in heroin, in violation of N.M.Stat.Ann. § 30-31-20. His contention is that his counsel was constitutionally inadequate in his representation. Capps took the stand at trial and admitted all of the elements of the crime; and there was evidence to support an entrapment defense. But Capps’ lawyer opted to pursue a jury…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Mathews v. United StatesSupreme Court of the United States · 1988
  4. United States v. Herbert G. Miller, IICourt of Appeals for the Tenth Circuit · 1990
  5. United States v. Katherine Joanne VoigtCourt of Appeals for the Tenth Circuit · 1989

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

3Cited by24 opinions

  1. James Capps v. George SullivanCourt of Appeals for the Tenth Circuit · 1993
  2. Walsh v. StateTennessee Supreme Court · 2005
  3. Stephen Wayne Anderson v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 2000
  4. John Haugh v. Jones & Laughlin Steel CorporationCourt of Appeals for the Seventh Circuit · 1991
  5. Craig F. Weighall v. Diane MiddleCourt of Appeals for the Ninth Circuit · 2000

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API