· 5/30/1997
Michael McCall v. Dennis Benson, Warden
Citations
- 114 F.3d 754
- 1997 U.S. App. LEXIS 12453
- 1997 WL 282952
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that even if a petitioner attempted to show actual innocence, “in light of his guilty plea, such an attempt would be unpersuasive.”
- stating factors relevant to the Court’s determination of whether “the interests of justice so require” appointment of counsel
- noting “‘[i]f state courts are to be given the opportunity to correct alleged violations of prisoners’ federal rights, they must surely be alerted to the fact that the prisoners are asserting claims under the United States Constitution’”
- “Moreover, in light of his guilty plea, such an attempt [at showing actual innocence] would be unpersuasive.”
- “[m]ere similarity between the state claims and the federal habeas claims is insufficient”
Source: CourtListener parenthetical corpus (CC0).
Judges: Magill, Murphy, Goldberg
Read full opinion on CourtListenerSourced 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.