Brian Jones v. John Keane, Superintendent, Woodbourne Correctional Facility

How courts have described this case

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

• finding that the exhaustion requirement barred review despite the “fact that the New York Court of Appeals may have been unlikely to grant [petitioner] relief on [the] claim”
• noting, but refusing to consider absent a COA, a prevailing habeas petitioner's \alternative grounds\ for affirmance-allegations of insufficiency of the evidence and ineffective assistance of both trial and appellate counsel
• noting that “[t]he claim presented to the state court . . . must be the ‘substantial equivalent’ of the claim raised in the federal habeas petition.” (citing Strogov v. Att’y Gen. of N.Y., 191 F.3d 188, 1991 (2d Cir. 1999) (quoting Piccard, 404 U.S. at 278))
• “[T]he fact that the [state court] may have been unlikely to grant habeas relief on his [constitutional claim] does not cure his failure to have raised it in state courts.”
• “The claim presented to the state court . . . must be the ‘substantial equivalent’ of the claim raised in the federal habeas petition.”
• for exhaustion, “the claim presented to the state court . . . must be the ‘substantial equivalent’ of the claim raised in the federal habeas petition”

Source: CourtListener parenthetical corpus (CC0).