WALTERS

v.

GAUL, TREASURER, CUYAHOGA COUNTY, ET AL.

Citator

Cited By

• Osborn v. Shillinger, 861 F.2d 612 (10th Cir. 1988)
  …held with respect to direct appeals that until the Supreme Court overrules Fay, “we shall apply the rule of that ease at least to situations in which no state appeal has been taken.” Holcomb v. Murphy, 701 F. 2d 1307, 1310 (10th Cir.), cert. denied, 463 U.S. 1211, 103 S.Ct. 3546, 77 L.Ed.2d 1394 (1983); see Worthen v. Meachum, 842 F. 2d 1179, 1181 (10th Cir.1988); accord Crick v. Smith, 650 F. 2d 860, 867 (6th Cir.), cert. denied, 455 U.S. 922, 102 S.Ct. 1281, 71 L.Ed.2d 464 (1982); Boyer v. Patton, 579 F. 2…
• Brasier v. Douglas, 815 F.2d 64 (10th Cir. 1987)
  ….S.C. § 2254. We affirm. There is a preliminary issue of whether Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), precluded federal habeas corpus review. Relying on Holcomb v. Murphy, 701 F. 2d 1307 (10th Cir.), cert. denied, 463 U.S. 1211, 103 S.Ct. 3546, 77 L.Ed.2d 1394 (1983), the district court held that since respondents had not shown that petitioner had deliberately bypassed state remedies, petitioner’s failure to raise his habeas claims on direct appeal did not require dismissa…