CASE v. HATCH

No. 11-2094.

708 F.3d 1152 (2013)

Carl CASE, Petitioner-Appellee, v. Tim HATCH, Warden, Guadalupe County Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

February 26, 2013.


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.


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...

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