Case Citator › Van Woudenberg ex rel. Foor v. Gibson

Van Woudenberg ex rel. Foor v. Gibson

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

Abrogated
Court
Tenth Circuit
Citation
211 F.3d 560
Decided
Confirmed treatments
1
Flagged citations read
119 of 119
Citing cases (total)
181
Treatment dates
2001

Status

Abrogated
A reviewed court treats this case as abrogated by later authority. All 119 flagged citations for Van Woudenberg ex rel. Foor v. Gibson have been read, and the confirmed treatment is listed below. McGregor v. Gibson abrogated Van Woudenberg's formulation of the standard for procedural competency claims.
More on how this was screened

The later citing opinions either applied Van Woudenberg positively or merely reported McGregor's abrogation in a history parenthetical; none independently adversely treated Van Woudenberg.

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.

181 later cases cite Van Woudenberg ex rel. Foor v. Gibson; 119 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 Van Woudenberg ex rel. Foor v. Gibson?

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Treatments

Abrogated

  • The en banc Tenth Circuit abrogated Van Woudenberg's requirement that a habeas petitioner show the trial court “ignored facts” raising a bona fide doubt about competency, replacing it with an inquiry into whether the trial court failed to give proper weight to information suggesting incompetence.

    McGregor v. Gibson · Tenth Circuit · filed

    The question is not, as we have sometimes stated, whether the trial court “ignored facts,” see, e.g., Van Woudenberg, 211 F.3d at 567, but rather whether the trial court “fail[ed] to give proper weight to the information suggesting incompetence which came to light during trial.”
    Read the full opinion on CourtListener →

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