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· 2/26/2016

Align Strategic Partners LLC v. Moesser

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying AEDPA deference to state-court decision on the merits of federal constitutional claims that were procedurally barred
  • noting, but not deciding, the open question because the petitioner’s procedurally defaulted claims would in any event fail on the merits
  • assuming without deciding that the petitioner could establish ineffective assistance of counsel as cause to excuse procedural default but rejecting the underlying federal constitutional claims on the merits
  • “There is no doubt that ineffective assistance of counsel can serve as cause to excuse a procedural default.”
  • applying the concurrent sentence doctrine to § 2254 petition
  • acknowledging circuit split on the question

Source: CourtListener parenthetical corpus (CC0).

Judges: Noble

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.