· 10/10/1978
Charles Gordon Breazeale v. R. M. Bradley, Warden, and Attorney General of the State of Florida
Citations
- 582 F.2d 5
- 1978 U.S. App. LEXIS 8518
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a state remedy ineffective where “the state habeas petition has been completely dormant for over one year” and where the state offered no reason for the delay
- excusing exhaustion where state habeas application had been “completely dormant for over one year, and the state has offered us no reason for its torpor”
- excusing noncompliance with exhaustion requirement when the state action had been “completely dormant for over one year” and the state provided “no reason for its torpor”
- state corrective process ineffective where the state 3 habeas petition was dormant for over a year and the state offered us no reason for the delay
- “Breazeale’s state habeas petition has been completely dormant for over one year, and the state has offered us no reason for its tor- por. Under these circumstances, the unexplained delay requires us to say that the state remedy is ineffective.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ainsworth, Goldberg, Hill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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