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