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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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