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· 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 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.