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