Busby v. Dretke

How courts have described this case

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

• recognizing that \the Gardner rule set forth an adequate state ground capable of barring federal habeas review\
• holding a state court’s alternative ruling on the merits did not undermine the preclusive effect of its procedural default holding on the same claim
• noting that habeas court may look past any procedural default if the claim may be resolved more easily on the merits
• recognizing the direct appeal rule as an independent state law ground that bars habeas review
• holding the Texas Court of Criminal Appeals’ opinion in Ex parte Gardner, modified on motion for rehearing on February 2, 1998, furnishes the foundation for this new state procedural rule
• noting that although the question of 16 procedural default should ordinarily be considered first, a reviewing court need not do so 17 invariably, especially when the issue turns on difficult questions of state law

Source: CourtListener parenthetical corpus (CC0).