· 11/3/2000
Bennie Scott Loveland v. Sherman Hatcher
Citations
- 231 F.3d 640
- 2000 Daily Journal DAR 11785
- 2000 Cal. Daily Op. Serv. 8878
- 2000 U.S. App. LEXIS 27443
- 2000 WL 1644302
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, when “reliance upon [the state court’s] procedural bar rule was an independent and alternative basis for its denial of the petition, review on the merits of the petitioner’s federal constitutional claim in federal court is precluded”
- remanding for the district court to hold an evidentiary hearing on cause and prejudice
- affirming that Nevada’s statute of limitations bar is adequate
- “The lack of effective 1 assistance of counsel, as provided for by the Sixth Amendment, can be sufficient cause for 2 a failure to comply with a state’s procedural bar rule.”
- “[I]f the state court’s reliance upon its procedural bar rule was 22 an independent and alternative basis for its denial of the petition, review on the merits of the 23 petitioner’s federal constitutional claims in federal court is precluded.”
- Nev. Rev. Stat. 24 § 34.726
Source: CourtListener parenthetical corpus (CC0).
Judges: Thompson, Nelson, Silverman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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