Evans v. Cain, No. 07-30861 - Criminal Law - U.S. Fifth Circuit
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Evans v. Cain, No. 07-30861

In a rape prosecution, the denial of Petitioner's habeas petition is affirmed, where Petitioner sought a stay of federal habeas proceedings pending state habeas review, but: 1) he did not argue that he would be barred from obtaining re-review in the state court by the Court of Appeals' continued review and disposition of his habeas case; and 2) the District Court properly deferred to the state court's postconviction decision that the state trial court had denied Petitioner's motion and therefore had jurisdiction to sentence Petitioner.

Read Evans v. Cain, No. 07-30861

Appellate Information

Filed August 4, 2009

Judges

Per Curiam