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· 1/23/2015

Christopher Taft Landers v. Warden

Citations

  • 776 F.3d 1288
  • 2015 WL 294268

How courts have described this case

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

  • holding that a habeas petitioner may be entitled to a federal evidentiary hearing if he overcomes his burden under § 2254(d)(1)
  • stating that even with liberal construction of pro se petitions, courts “will not infer a claim out of thin air”
  • holding the state court’s “[credibility] determination was not unreasonable” even though the state court and the district court failed to hold an evidentiary hearing
  • finding pro se petitioner’s claim not exhausted when no supporting cases were cited and no reference to the Fourteenth Amendment or Due Process was made
  • “[T]he petitioner has waived this claim.... he failed to present this claim before the district court.”
  • “The interaction between [§ 2254](d)(2) and (e)(1) . . . is an open question in this circuit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Marcus, Dubina

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.