Neiberger v. Rudek, No. 11-5101 (10th Cir. 2011)
Annotate this Case
Pro se prisoner Petitioner-Appellant Tracy Neiberger sought a certificate of appealability (COA) to challenge the district court's denial of his petition for habeas relief. Petitioner pled guilty to four counts of armed robbery in 1984. Petitioner did not file a motion to withdraw his plea, nor did he perfect a certiorari appeal to the Oklahoma Court of Criminal Appeals (OCCA). In fact, he did not take any action challenging the validity of his convictions until February 26, 2010. On that date, he filed a petition in state district court collaterally attacking his convictions and "alleging several propositions of error which he [claimed] entitled him to have his judgments and sentences vacated." The OCCA found "no plausible explanation” for Petitioner's twenty-five-year delay in challenging his convictions and guilty plea. Petitioner then filed his habeas petition, arguing he was denied effective assistance of counsel, that he was deprived due process and equal protection, and that the state district court imposed an unauthorized fine. The district court denied Petitioner's petition. Finding no error in the district court's holding, the Tenth Circuit denied Petitioner's application for a COA and dismissed his appeal.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.