Case Citator › United States v. Kenneth Wayne Holland

United States v. Kenneth Wayne Holland

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

Overruled in part
Court
Tenth Circuit
Citation
116 F.3d 1353
Decided
Confirmed treatments
1
Flagged citations read
57 of 57
Citing cases (total)
57
Treatment dates
1998
Overruled in part
A reviewed court has overruled part of this case’s holding. The Tenth Circuit held that Bousley v. United States overruled part of United States v. Kenneth Wayne Holland: a change in the interpretation of firearm “use” did not, by itself, excuse a defendant's failure to raise that claim on direct appeal. Later courts continued to apply Holland's separate rule requiring actual jury findings to support a valid alternative ground for conviction.
More on how this was screened

All 57 flagged citations have been read, and the confirmed treatment is listed below.

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.

57 later cases cite United States v. Kenneth Wayne Holland; 57 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.

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Treatments

Overruled in part

  • Applying Bousley, the Tenth Circuit rejected Holland's rule that Bailey's change in firearm law established cause for failing to raise a claim on direct appeal.

    United States v. Powell · Tenth Circuit · filed

    Addressing first the cause-and-prejudice exception, the Court held that the mere fact that Bailey may have altered the settled law of most circuits regarding the meaning of "use" did not make the argument so novel as to constitute cause to excuse the failure to raise a Bailey-type challenge on direct appeal, see id at 1611, thus overruling our previously stated contrary view, see Holland, 116 F.3d at 1356.
    Read the full opinion on CourtListener →

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