Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-Appellee

How courts have described this case

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

• explaining that “a habeas court 10 has discretion to raise procedural default sua sponte to further the interests of comity, 11 federalism, and judicial efficiency”
• “Every circuit to consider the issue holds that a habeas court has discretion to raise procedural default sua sponte to further the interests of comity, federalism, and judicial efficiency.”
• If dismissing a claim as unexhausted and procedurally defaulted, a federal habeas court 10 must give a petitioner notice of the procedural default and an opportunity to respond to the 11 argument for dismissal.

Source: CourtListener parenthetical corpus (CC0).