Attorney(s) appearing for the Case
James W. Grayson , Assistant Attorney General ( Gary K. King , Attorney General of New Mexico, and Nicole Beder , Assistant Attorney General, with him on the briefs), Office of the Attorney General of New Mexico, Santa Fe, NM, for Respondent-Appellant.
Todd A. Coberly , Coberly Law Office, Santa Fe, NM ( Marc M. Lowry , Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Albuquerque, NM, with him on the brief) for Petitioner-Appellee.
Before TYMKOVICH, EBEL, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TYMKOVICH, Circuit Judge.
In this appeal we consider our gate-keeping role for second or successive habeas petitions under 28 U.S.C. § 2244. We conclude that petitioner Carl Case has not met the legal requirements for challenging his conviction, and therefore reverse the district court's conditional grant of habeas relief.
This appeal arises from a crime committed over thirty years ago — the rape and murder of a teenager near an isolated dam outside...
NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.
As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.