Chitwood v. Davis, No. 11-1120 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner David Chitwood sought a certificate of appealability (COA) to appeal the denial of his application for habeas relief. In 1993, Petitioner was temporarily transferred from the custody of the Missouri Department of Corrections to Colorado to stand trial in Colorado on burglary and forgery charges. Petitioner was sentenced to twenty-year concurrent prison terms for burglary and eight years on the forgery count. The Colorado sentences were to run consecutive to his Missouri sentences. Petitioner was then returned to Missouri and remained there until 1998 when he was transferred to serve his Colorado sentences. In 2009, Petitioner pled guilty to felony menacing in Colorado and was sentenced to a six year term to run consecutive to his earlier Colorado sentence. Petitioner sought a COA from the Tenth Circuit when his application for COA was denied in the district court. Upon review, the Tenth Circuit found that Defendant did not exhaust his state remedies and did not argue that exhaustion would have been futile. Therefore, the Tenth Circuit held that "no reasonable jurist could debate that the district court erred in dismissing" Petitioner's COA application. Accordingly, the Court denied Petitioner's application for a COA and dismissed his appeal.
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