· 7/18/2001
Rudd v. Johnson
Citations
- 256 F.3d 317
- 2001 WL 726411
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reiterating that “an attack on the state habeas proceeding is an attack on a proceeding collateral to the detention and not the detention itself.”
- reiterating that “an attack on the state habeas proceeding is an attack on a proceeding collateral to the detention and not the detention itself.”
- reiterating that “an attack on the state habeas proceeding is an attack on a proceeding collateral to the detention and not the detention itself.”
- stating that claims based on “infirmities in state habeas proceedings” are not cognizable on federal habeas review “because an attack on the state habeas proceeding is an attack on a proceeding collateral to the detention and not the detention itself”
- finding Texas sentencing scheme, where life without parole is not the alternative to a death sentence, not to fall within the scope of Simmons
- rejecting claim of denial of due process based on lack of access to State’s case file during state habeas proceeding
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Jones, Demoss
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.