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· 8/8/2013

Hoffler v. Bezio

Citations

  • 726 F.3d 144
  • 2013 WL 4016924
  • 2013 U.S. App. LEXIS 16398

How courts have described this case

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

  • stating that a court need not determine standard of review when the result would be the same under either standard
  • explaining that our sister circuits “are unanimous in concluding that such review is warranted, at a minimum, as a matter of prudent policy”
  • concluding that jeopardy attached to a defendant at his trial for murder because the court had (1) subject matter jurisdiction to try felony offenses allegedly occurring in the state’s territorial boundaries and (2) personal jurisdiction over the defendant
  • stating that a court need not determine standard of review when the result would be the same under either standard
  • noting that “[r]espondents to do not dispute that Hoffler is in ‘custody’ for purposes of § 2241, and Hoffler does not contend that his § 2241 claim is anything but a challenge to ‘detention’ for purposes of § 2253(c)(1)(A)”
  • collecting cases of courts that ruled a state prisoner who petitions for habeas relief under 28 U.S.C. § 2241 must obtain a certificate of appealability

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Raggi, Carney

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.