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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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10 Cir. Cases:Lopez v. Trani, -- F.3d --, 2010 WL 4923891 (10th Cir. 12/6/10) (Colo.) - Equitable tolling on the basis of a sufficiently supported claim of actual innocence, which permits a petitioner to get past an untimely filed habeas petition, does not require the petitioner to demonstrate that he has diligently pursued the claim of actual innocence beforehand. While Mr. Lopez overcomes this first hurdle, it is to no avail. The COA denies a certificate of appealability and dismisses the appeal because reasonable jurists would not find it debatable whether his petition presents a valid claim of the denial of a constitutional right.U.S. v. Frownfelter, 2010 WL 4868012 (12/1/10) (Published) - A defense victory. You probably remember this case from when the 10th reversed an order detaining the defendant pending appeal...continue to full post

Full post as published by Tenth Circuit Blog on December 13, 2010 (boomark / email).