· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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