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· 7/16/1990

Arlene Cruz v. Warden of Dwight Correctional Center and Neil F. Hartigan, Attorney General of the State of Illinois, 1

Citations

  • 907 F.2d 665
  • 1990 U.S. App. LEXIS 11933
  • 1990 WL 97871

How courts have described this case

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

  • noting that raising a claim in a petition for rehearing to a state appellate court does not constitute fair presentment
  • noting that raising a claim in a petition for rehearing to a state appellate court does not constitute fair presentment
  • finding new factual allegations regarding trial counsel's behavior rendered petitioner's Strickland claim unexhausted
  • finding new factual allegations regarding trial counsel’s behavior rendered petitioner’s Strickland claim unexhausted
  • “[n]or would it seem that presenting [a habeas claim] to a state appellate court in a petition for rehearing would constitute a fair presentation”
  • \An ineffective assistance claim alleging that counsel failed to prepare involves facts outside the trial record and presents a situation in which the Illinois courts will not invoke the res judicata or waiver doctrines.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Kanne, Pell

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.