November 23, 2014

Tenth Circuit: Opinions, 9/23/10

The Tenth Circuit on Thursday issued one published opinion and no unpublished opinions.

Published

In Gonzales v. Hartley, the Court affirmed the district court’s denial of Petitioner’s pro se habeas petition and declined to grant him a Certificate of Appealability (COA). A COA may only be issued when the applicant has made a substantial showing of the denial of a constitutional right. However, Petitioner did not exhaust his state remedies by subjecting his claim to “one complete round of Colorado’s established appellate review process.” Additionally, Petitioner can only overcome procedural default by demonstrating “cause and prejudice or a fundamental miscarriage of justice;” Petitioner’s claims of ineffective assistance of counsel are not enough to excuse a procedural default in this case.

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