Fifth Circuit· 1/31/1994

Barnard v. Collins

Citations

13 F.3d 871
1994 U.S. App. LEXIS 1675
1994 WL 24854

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

denying certificate of probable cause based on state court finding that petitioner \compre- hend[ed] the nature . . . of his execution\ (internal quotation marks omitted)
denying habeas relief based on the state court’s finding that the condemned inmate \knew that he was going to be executed and why he was going to be executed — precisely the finding required by the Ford standard of competency\
“[0]ur research indicates no reported decision in which a federal circuit court or the Supreme Court has denied relief of a petitioner’s competency-to-be-executed claim on grounds of abuse of the writ”
“Specific legal theories need not be pleaded so long 14 as sufficient factual averments show that the claimant may be entitled to some 15 relief.”
“On its face, § 848(q)(4)(B) does not condition the appointment of counsel on the substantiality or non-frivolousness of petitioner’s habeas claim.”
“[A] pre-complaint document 14 containing a jurisdictional clue [cannot] operate in tandem with 15 an indeterminate initial pleading to trigger some kind of hybrid 16 of the first and second removal periods.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Jolly, Smith

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Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

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