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· 1/3/2006

Kenneth D. Linscott v. Norman Rose, Warden

Citations

  • 436 F.3d 587
  • 2006 U.S. App. LEXIS 84
  • 2006 WL 13103

How courts have described this case

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

  • stating that, “[w]e find it difficult, based on the limited record before us, to effectively evaluate whether the Ohio court properly concluded, if it concluded at all, that Linscott procedurally defaulted his psychiatric evaluation claim”
  • holding, in the § 2254 context, that resentencing alters finality and citing an Eleventh Circuit opinion stating that, “AEDPA cannot be interpreted to require a prisoner to raise claims before they arise” (quoting Hepburn v. Moore, 215 F.3d 1208, 1209 (11th Cir. 2000))

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay, Gibbons, Griffin

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.