Bret S. Klein v. Donice Neal Gale Norton, Attorney General of the State of Colorado

How courts have described this case

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

• state court’s application of C.R.S. § 16-5- 402 was “adequate” and “independent” “to support application of a procedural bar”
• “The inquiry must focus on actual or factual innocence, as opposed to legal innocence.” (quoting Brecheen v. Reynolds, 41 F.3d 1343, 1357 (10th Cir. 1994))
• state court factfinding entitled to presumption of correctness in fundamental miscarriage of justice inquiry
• “The ‘cause and prejudice’ exception is conjunctive, requiring proof of both cause and prejudice.”

Source: CourtListener parenthetical corpus (CC0).