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...


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.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases