Case Citator › Lennox v. Evans

Lennox v. Evans

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Tenth Circuit
Citation
87 F.3d 431
Decided
Confirmed treatments
1
Flagged citations read
72 of 72
Citing cases (total)
72
Treatment dates
1997
Overruled in part
A reviewed court has overruled part of this case’s holding. Lennox v. Evans was overruled in part on whether AEDPA's certificate of appealability requirement applies to habeas petitions filed before the Act took effect. The overruling in United States v. Kunzman is listed below.
More on how this was screened

Lennox's separate holding that certificates of probable cause and appealability require the same substantive showing continued to be cited approvingly. All 72 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

72 later cases cite Lennox v. Evans; 72 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Lennox v. Evans?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Tenth Circuit held that habeas petitioners who filed before AEDPA took effect need no certificate of appealability, and the en banc court agreed that contrary holdings in Lennox were overruled.

    United States v. Kunzman · Tenth Circuit · filed

    Upon consideration, we join the majority of circuits and hold that §§ 2254 and 2255 petitioners who filed their petitions in district court prior to AEDPA’s effective date, regardless of whether they filed their notice of appeal before or after AEDPA, do not need a certificate of appealability to proceed with their appeal. We have circulated this footnote to the en banc court, which has unanimously agreed that to the extent Lennox and Riddick, and any other of our cases, are inconsistent with the rule announced herein, they are overruled.
    Read the full opinion on CourtListener →

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