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
55 of 55
Citing cases (total)
55
Treatment dates
1997
Overruled in part
A reviewed court has overruled part of this case’s holding. Lennox v. Evans has been overruled in part: its rule requiring a certificate of appealability for habeas petitions filed before AEDPA took effect was rejected, while its certificate standard continued to be applied. All 55 flagged citations have been read, and the controlling treatment is listed below.
More on how this was screened

The Tenth Circuit adopted the contrary rule with the agreement of its full court. Later opinions reporting that change do not add separate treatments.

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.

55 later cases cite Lennox v. Evans; 55 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 people who filed § 2254 or § 2255 petitions before AEDPA took effect need no certificate of appealability to appeal, and its full court agreed to overrule Lennox to the extent it required one.

    United States v. Kunzman · Tenth Circuit (with en banc approval) · filed

    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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