HOLCOMB

v.

MURPHY, WARDEN, ET AL.

Citator

Cited By

• Hughes v. Idaho State Bd. OF Corr., 800 F.2d 905 (9th Cir. 1986)
  …hould apply to a petitioner’s failure to appeal. E.g., Holcomb v. Murphy, 701 F. 2d 1307, 1310 (10th Cir.) (Supreme Court has not overruled Fay and until it does courts should apply Fay to situations in which no appeal has been taken), cert. denied, 463 U.S. 1211, 103 S.Ct. 3546, 77 L.Ed.2d 1394 (1983). In our opinion, however, the value of that reservation has been diminished by several recent Supreme Court decisions. In Engle v. Isaac, 456 U.S. 107, 135, 102 S.Ct. 1558, 1575, 71 L.Ed.2d 783 (1982), the Cou…
• Worthen v. Meachum, 842 F.2d 1179 (10th Cir. 1988)
  …inquiry of Fay, Holcomb v. Murphy, 701 F. 2d 1307, 1310 (10th Cir.) (“[The Supreme Court] has not overruled Fay, and until it does we shall apply the rule of that case at least to situations in which no state appeal has been taken.”), cert. denied, 463 U.S. 1211, 103 S.Ct. 3546, 77 L.Ed.2d 1394 (1983). See Murray, 106 S.Ct. at 2648 (expressing no opinion when defendant fails to appeal); Wainwright, 433 U.S. at 88 n. 12, 97 S.Ct. at 2507 n. 12 (same). Although the district court assessed Worthen’s procedu…
• LaVille Hannon v. Herb Maschner & Attorney Gen. of the State of Kan., 845 F.2d 1553 (10th Cir. 1988)
  …tive in failing to file a timely notice of appeal depends upon his interaction with Hannon. See Holcomb v. Murphy, 701 F. 2d 1307, 1311 (10th Cir.) (“[T]he principal actor in the decision whether to appeal is the criminal defendant.”), cert. denied, 463 U.S. 1211, 103 S.Ct. 3546, 77 L.Ed.2d 1394 (1983). If defense counsel explained the pros and cons of an appeal to Hannon and Hannon made a knowing and intelligent choice not to appeal, counsel’s failure to timely file could not have violated Han-non’s due pro…