Frederic Noltie v. Kurt Peterson, Superintendent, Washington Corrections Center

How courts have described this case

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

• describing how Engle called into question the “short-lived ‘futility doctrine’ to avoid procedural default”
• agreeing with district court’s observation that “the futility 24 doctrine is most compelling where the question is one of pure law, and the circumstances of the individual case are largely 25 irrelevant”
• “The case for the futility doctrine is most compelling where 2 the question is one of pure law, and the circumstances of the individual case are largely irrelevant.”
• exhaustion futile where highest state court has recently addressed petitioner's specific issue
• petitioner must show actual innocence to establish fundamental miscarriage of justice

Source: CourtListener parenthetical corpus (CC0).