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· 5/3/1994

Bates v. Whitley

Citations

  • 19 F.3d 1066
  • 1994 U.S. App. LEXIS 9476
  • 1994 WL 132373

How courts have described this case

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

  • concluding, pre-AEDPA, that denial of a claim due to “state procedural default and a failure to show cause and prejudice must be regarded as a determination on the merits”
  • procedural convincing evidence that, but for constitutional default for failure to comply with state’s contemporaneous error, no reasonable factfinder would have found the objection rule
  • “A federal habeas court’s rejection of a petitioner’s constitutional claim because of state procedural default and a failure to show cause and prejudice must be regarded as a determination on the merits in examining whether a subsequent petition is successive.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Higginbotham, Barksdale

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.