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First Circuit· 6/8/1995

Burks, Jr. v. Duboise

Citations

  • 55 F.3d 712
  • 1995 U.S. App. LEXIS 14241
  • 1995 WL 331800

How courts have described this case

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

  • reviewing de novo question of whether state court's __ limited review of petitioner's claim for miscarriage of justice effected a waiver
  • “If inadvertence of counsel, without more, were deemed to constitute sufficient cause, the cause requirement would be reduced to little more than a speed bump on the road to a federal forum”
  • failure to object to prosecutor's misstatement of evidence at closing precludes habeas review
  • procedural requirement must be “consistently applied” to bar habeas review
  • setting forth standard for procedurally barred claims
  • “[P]etitioner's recreation of what transpired in the state trial court shows, at most, that there was a legitimate jury question as to his guilt, and that the prosecutor placed her thumb on the scales of justice at one point. This is not enough to qualify for extraordinary relief. . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Cyr, Boudin

Read full opinion on CourtListener

Cited by

67 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

Other cases named Burks, Jr. v. Duboise

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.