· 5/26/1998
Fred Harry Rogers v. Carol Howes
Citations
- 144 F.3d 990
- 1998 U.S. App. LEXIS 10412
- 1998 WL 260297
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state court rule was not firmly established rule and regularly followed where substance of rule precluding relief on grounds that could have been pursued on direct appeal was not established until after petitioner’s conviction
- holding that state court rule was not firmly established rule and regularly followed where substance of rule precluding relief on grounds that could have been pursued on direct appeal was not established until after petitioner's conviction
- explaining that a state procedural rule is adequate and independent if it “was firmly established and regularly followed by the time as of which it was to be applied”
- “[T]he question is not whether the state courts consistently apply the procedural bar in the present.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, Moore, Farris
Read full opinion on CourtListenerSourced 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.