green
Positive treatment
Quoted verbatim 3×
8.9 score
G Cite
cited 2× by 2 distinct cases, last quoted 1996 ·
…a motion to remand was the functional equivalent of a second or successive habeas corpus petition, and that if such petition would be dismissed as abusive of the writ, the motion to remand should also be denied
⚠ not in text
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Gentry v. Trippett
blair may not establish 'cause' based on ineffective assistance of counsel in a federal habeas case.
examined
Cited as authority (quoted)
Felker v. Turpin
a motion to remand was the functional equivalent of a second or successive habeas corpus petition, and that if such petition would be dismissed as abusive of the writ, the motion to remand should also be denied
examined
Cited as authority (quoted)
Ellis Wayne Felker v. Tony Turpin, Warden, Georgia Diagnostic and Classification Center
a motion to remand was the functional equivalent of a second or successive habeas corpus petition, and that if such petition would be dismissed as abusive of the writ, the motion to remand should also be denied
discussed
Cited "see"
Cooey v. Bradshaw
See Blair v. Armontrout, 976 F.2d 1130, 1134 (8th Cir. 1992), cert. denied, 508 U.S. 916 , 113 S.Ct. 2357 , 124 L.Ed.2d 265 , ... (1993); Lindsey v. Thigpen, 875 F.2d 1509, 1511-12, 1515 (11th Cir.1989); Landano v. Rafferty, 897 F.2d 661, 668 (3d Cir.1990); Jones v. Murray, 976 F.2d 169, 172 (4th Cir.1992); Clark v. Lewis, 1 F.3d 814, 825-26 (9th Cir.1993); Williams v. Whitley, 994 F.2d 226 , 230 n. 2 (5th Cir.1993); Bonin v. Vasquez, 999 F.2d 425, 426 (9th Cir.1993). 99 F.3d at 1335 (parallel citations omitted).
discussed
Cited "see"
Fred Louis Lamp v. State of Iowa Director, Division of Adult Corrections County Attorney in and for Polk County
See Schrier, 60 F.3d at 1314 . *1106 However, even under the constitutional ineffectiveness standard, to “impose on appointed counsel a duty to raise every ‘colorable’ claim suggested by a client would disserve the very goal of vigorous and effective advocacy.” Jones v. Barnes, 463 U.S. 745, 754 , 103 S.Ct. 3308, 3313 , 77 L.Ed.2d 987 (1983); accord Blair v. Armontrout, 976 F.2d 1130, 1139 (8th Cir.1992) (“[T]he Supreme Court has squarely rejected the argument that appellate counsel has a duty to raise every nonfrivolous issue his client requests.”), cert. denied, 508 U.S. 916 , 11…
discussed
Cited "see"
Harold McQueen Jr. v. Gene Scroggy, Warden
(2×)
See Blair v. Armontrout, 976 F.2d 1130, 1134 (8th Cir.1992), cert. denied, 508 U.S. 916 , 113 S.Ct. 2357 , 124 L.Ed.2d 265 (1993); Lindsey v. Thigpen, 875 F.2d 1509, 1511-12, 1515 (11th Cir.1989); Landano v. Rafferty, 897 F.2d 661, 668 (3rd Cir.1990); Jones v. Murray, 976 F.2d 169, 172 (4th Cir.1992); Clark v. Lewis, 1 F.3d 814, 825-26 (9th Cir.1993); Williams v. Whitley, 994 F.2d 226 , 230 n. 2 (5th Cir.1993); Bonin v. Vasquez, 9 99 F.2d 425 , 426 (9th Cir.1993).
discussed
Cited "see"
James Dean Clark v. Samuel A. Lewis, Director, Arizona Department of Corrections and Roger Crist, Warden, Arizona State Prison
See Blair v. Armontrout, 976 F.2d 1130, 1134 (8th Cir.) (Rule 60(b) motion treated as the equivalent of a second petition *826 for writ of habeas corpus), reh’g en banc denied, (1992), cert. denied, — U.S. -, 113 S.Ct. 2357 , 124 L.Ed.2d 265 (1993); but cf. May v. Collins, 961 F.2d 74, 75-76 (5th Cir.1992) (merits of Rule 60(b) motion assessed without invoking second habeas petition doctrines).
discussed
Cited "see"
Walter J. Blair v. Paul K. Delo
(2×)
See Blair v. Armontrout, 976 F.2d 1130, 1142-48 (8th Cir.1992) (Heaney, J., concurring and dissenting), cert. denied, --- U.S. ----, 113 S.Ct. 2357 , 124 L.Ed.2d 265 (1993). 10 We now have a new petition, supported by several sworn affidavits, alleging in substance that newly discovered evidence establishes beyond doubt that Blair is actually innocent of capital murder.
discussed
Cited "see"
United States v. Rich
If a second petition making the new allegations asserted in the motion would be dismissed as an abuse of the writ, then the motion to remand should be denied.” Smith v. Armontrout, 888 F.2d 530, 540 (8th Cir.1989); see Blair v. Armon *552 trout, 976 F.2d 1130, 1134 (8th Cir.1992) (“The district court did not err in treating the Rule 60(b) motion as the equivalent of a second petition for writ of habeas corpus.”), cert, denied, 508 U.S. 916 , 113 S.Ct. 2357 , 124 L.Ed.2d 265 (1993); see also Guinan v. Delo, 5 F.3d 313, 316 (8th Cir.1993) (citing Blair)] Bolder v. Armontrout, 983 F.2d 98, …
discussed
Cited "see, e.g."
Harvey Ray Johnson v. United States
See id. at 821 (holding claim abusive because it was not raised in first petition); see also Blair v. Armontrout, 976 F.2d 1130, 1136-37 (8th Cir.1992) (holding ineffective assistance of counsel claim raised in second petition was abusive), cert. denied, 113 S.Ct. 2357 (1993). 8 Johnson fails to demonstrate that his ineffective assistance of counsel claim is not abusive.
Retrieving the full opinion text from the archive…
Blair
v.
Armontrout, Assistant Director/ Zone II, Missouri Division of Adult Institutions
v.
Armontrout, Assistant Director/ Zone II, Missouri Division of Adult Institutions
No. 92-7789.
Supreme Court of the United States.
May 17, 1993.
Published
Citer courts: Eleventh Circuit (2) · E.D. Michigan (1)
C. A. 8th Cir. Certiorari denied.