Legal Opinion

Darren E. Boerckel v. William D. O'Sullivan

Court of Appeals for the Seventh Circuit

Decided March 20, 1998No. 96-4068PublishedCited by 33 opinions

1Opinion of the Court

KANNE, Circuit Judge.

This is a case about comity. Boerckel raises claims in his petition for habeas corpus that he raised in his direct appeal to the Appellate Court of Illinois but that he did not include in his petition for leave to appeal to the Illinois Supreme Court. The district court dismissed these claims as procedurally barred. Between the district court’s order and oral argument, this Court revised its approach to this issue in Hogan v. McBride, 74 F.3d 144 (7th Cir.), modified on reh’g denied, 79 F.3d 578 (7th Cir.1996), and Gomez v. Acevedo, 106 F.3d 192 (7th Cir.), vacated on…

2Cases cited44 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Rose v. LundySupreme Court of the United States · 1982
  5. Teague v. LaneSupreme Court of the United States · 1989

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3Cited by33 opinions

  1. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  2. Thomas McCandless v. Donald T. Vaughn the Attorney General of the State of Pennsylvania District Attorney for Philadelphia CountyCourt of Appeals for the Third Circuit · 1999
  3. Reginald Mahaffey v. James SchomigCourt of Appeals for the Seventh Circuit · 2002
  4. Elijah Moore v. Al C. Parke, Warden, Indiana State PrisonCourt of Appeals for the Seventh Circuit · 1998
  5. Reynold C. Moore v. Steven B. CaspersonCourt of Appeals for the Seventh Circuit · 2003

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

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