· 10/24/1989
James Lowery v. Warren Young
Citations
- 887 F.2d 1309
- 1989 U.S. App. LEXIS 16204
- 1989 WL 126244
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- allowing petitioner to make claim on appeal that was first raised in traverse in response to state's argument
- constitutional challenge to enhanced sentence requires showing that there is a “positive and demonstrable nexus” between prior conviction and current custody
- prisoner stated claim cognizable under 28 U.S.C. § 2254 where he alleged that he was serving a state sentence that had been enhanced in reliance on an invalid prior state conviction
- district court had jurisdiction to consider habeas corpus petition relating to a prior conviction for which the petitioner was no longer in custody where that conviction was used to enhance a subsequent prison sentence that the petitioner was then serving
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Ripple, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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