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   Federal Courts - 10th Circuit Court of Appeals - January 23, 2006

  
Hain v. Mullin, No. 05-5039, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 23, 2006, Filed
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Overview: Attorneys representing a 28 U.S.C.S. § 2254 petitioner sentenced to death should have been granted funding to continue representation in state clemency proceedings because the plain language of 21 U.S.C.S. § 848(q) authorized federal funding for such.

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Sparks v. Rittenhouse, No. 04-1086, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 23, 2006, Filed
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Overview: Complaint sufficiently alleged an Eighth Amendment claim where the inmate alleged that he had a shoulder injury for which surgery was recommended and that the delay in receiving the surgery caused him considerable pain, and the allegations could have supported an inference that the medical professional was deliberately indifferent to his plight.

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