Alvaro Cabrera v. James Barbo, Administrator of Northern State Prison the Attorney General of the State of New Jersey, Peter Verniero

How courts have described this case

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

• finding that petitioner had “ample opportunity” to present his defaulted claims in state court because “the judge at the hearing repeatedly gave Cabrera, who was present at the hearing, an opportunity to say ‘anything’ ”
• finding that petitioner had “ample opportunity” to present his defaulted claims in state court because “the judge at the hearing repeatedly gave Cabrera, who was present at the hearing, an opportunity to say ‘anything’ ”
• explaining that the Appellate Division's *eference to the merits of the ineffective procedural bar of Rule 61(i)(3), the Delaware Supreme Court articulated a “plain statement” under Harris v. Reed, 489 U.S. 255, 263-4 (1984
• explaining that a “petitioner should be on notice of how to present his claims in the state courts if his failure to present them is to bar him from advancing them in a federal court.”
• explaining that the Appellate Division’s reference to the merits of the ineffective assistance of counsel claim did not undermine the “conclusion that the state courts rejected Cabrera’s claim on an independent and adequate state basis, as the comment at most was an alternative holding.”
• describing an ESOA panel’s remand order that allowed consideration of non- sentencing issues

Source: CourtListener parenthetical corpus (CC0).