Beverly A. Seymour v. Diane Walker,respondent-Appellee

How courts have described this case

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

• holding that doctrine of res judicata, Ohio rule which prohibits claims that could have been brought on direct appeal from being raised in post-conviction petition, was adequate and independent state ground to deny federal habeas review
• reasoning that counsel need not raise every conceivable colorable claim on appeal in order to fulfill his or her duty to a client
• holding that habeas petitioners cannot resurrect procedurally defaulted claims on the sole basis that a state court has applied No. 07-2311 Fleming v. Metrish Page 14 plain-error review to the issue on direct appeal
• holding that the doctrine of res judicata, the Ohio rule which prohibits claims that could have been brought on direct appeal from being raised in post-conviction petition, is an adequate and independent state ground upon which to deny federal habeas review
• finding that plain error review by a state court does not constitute a waiver of the state procedural default
• noting that “[c]ontrolling precedent in our circuit indicates that plain error review does not constitute a waiver of state procedural default rules”

Source: CourtListener parenthetical corpus (CC0).