Derry Lovins v. Tony Parker

How courts have described this case

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

• holding that a petitioner whose conviction did not become final until nearly three years after Blakely was entitled to application of Blakely
• holding that the petitioner’s claim under Chambers v. Mississippi, 410 U.S. 284 (1973), was procedurally defaulted because he failed to raise it in state court
• explaining that a claim may be procedurally defaulted if \the last reasoned state-court judgment declines to reach the merits because of a petitioner's failure to comply with a state procedural rule\
• explaining that “a claim is procedurally defaulted where the petitioner failed to exhaust state court remedies, and the remedies are no longer available at the time the federal petition is filed because of a state procedural rule.”
• noting that procedural default is a “threshold rule”
• \It is insufficient that an actual controversy may occur in the future; it must presently exist in fact.\

Source: CourtListener parenthetical corpus (CC0).