Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.