Branden Clark v. Leann Bertsch

How courts have described this case

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

• holding that “a federal habeas court cannot reach an otherwise unpreserved and procedurally defaulted claim merely because a reviewing state court analyzed that claim for plain error”
• finding that an unpreserved claim reviewed for plain error cannot excuse a procedural default
• resolving intra-circuit split in favor of the holding in Hayes v. Lockhart, 766 F.2d 1247 (8th Cir. 1985)
• resolving intra-circuit split in favor of the holding in Hayes v. Lockhart, 766 F.2d 1247 (8th Cir. 1985)
• resolving intra- circuit split in favor of the holding in Hayes v. Lockhart, 766 F.2d 1247 (8th Cir. 1985)
• resolving earlier “split of panel authority” regarding whether plain-error review waives a procedural default and deciding that it does not

Source: CourtListener parenthetical corpus (CC0).