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Tenth Circuit· 9/21/2011

In Re Rains

Citations

  • 659 F.3d 1274
  • 2011 U.S. App. LEXIS 19355
  • 2011 WL 4375680

How courts have described this case

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

  • holding that the dismissal of a § 2254 application as untimely is a decision on the merits
  • “The dismissal of [petitioner’s] first habeas petition as time-barred was a decision on the merits[.]”
  • The dismissal of a § 2254 petition as time-barred is a decision on the merits.
  • “The dismissal of [petitioner’s] first habeas petition as time-barred was a decision on the merits, and any later habeas petition challenging the same conviction is second or successive and is subject to the AEDPA requirements.”
  • “The dismissal of Mr. Rains’s first habeas petition as time-barred was a decision on the merits, and any later habeas petition challenging the same conviction is second or successive and is subject to the AEDPA requirements.”
  • “The dismissal of [the petitioner’s] first habeas petition as time-barred was a decision on the merits, and any later habeas petition challenging the same conviction is second or successive and is subject to the AEDPA requirements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Tymkovich, Holmes

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.