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· 9/5/2012

Banks v. Workman

Citations

  • 692 F.3d 1133
  • 2012 WL 3834733
  • 2012 U.S. App. LEXIS 18662

How courts have described this case

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

  • concluding that Oklahoma’s procedural bar is independent of federal law, notwithstanding the OCCA’s power to excuse default in “extreme cases”
  • holding that Martinez “applies only to a prisoner’s procedural default of a claim of ineffective assistance at trial,” and “not to claims of deficient performance by appellate counsel.”
  • explaining that constitutional claims rejected by state court on independent and adequate state procedural grounds are normally barred from habeas review in federal court
  • explaining that procedural default occurs when \state court dismisses federal [habeas] claim on the basis of noncompliance with adequate and independent state procedural rules\
  • stating that constitutional claims rejected by the state court on independent and adequate state procedural grounds ordinarily are barred from federal habeas corpus review
  • determining that inadmissible evidence is not material under Brady unless it is reasonably likely to lead to admissible evidence that undermines confidence in the verdict

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, O'Brien, Gorsuch

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.