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   Federal Courts - 10th Circuit Court of Appeals - February 15, 2007

  
Walker v. Stanley, No. 06-1406, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 15, 2007, Filed
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Overview: Inmate's request for COA, in accordance with 28 U.S.C.S. § 2253(c)(1)(A), was denied because he failed to show he had exhausted state court remedies before filing 28 U.S.C.S. § 2241 habeas petition. Although exhaustion requirement was nonjurisdictional, district court properly raised defense of nonexhaustion sua sponte and dismissed on that basis.

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Wickham v. Friel, No. 05-4077, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 15, 2007, Filed
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Overview: On 28 U.S.C.S. § 2254 petition, district court's holding that prisoner's ineffective assistance of trial counsel claim was time-barred was reversed because, based on 28 U.S.C.S. § 2244(d)(1)(D) and (d)(2), prisoner filed his petition within one year after he could have discovered the basis of his claim when a codefendant's case became available.

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