Brooker Engg., PLLC v. SK Trust

How courts have described this case

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

• holding that purportedly novel claim is not cause for procedural default where “other defense counsel have perceived and litigated that claim”
• holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice
• holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice
• holding that a reasonable basis was available to counsel after Winship to challenge jury instruction on proper burdens, and thus waiver was unexcused
• holding that a reasonable basis was available to counsel after Winship to challenge jury instruction on proper burdens, and thus waiver was unexcused
• holding that “the futility of presenting an objection to the state courts cannot alone constitute cause for a failure to object at trial”

Source: CourtListener parenthetical corpus (CC0).