Gary Graham v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

How courts have described this case

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

• stating that a court of appeals has discretion to require exhaustion of state court remedies despite state’s waiver of the requirement
• finding no exhaustion in the case because petitioner did present significant new facts in his federal petition
• rejecting the state’s waiver on exhaustion where it simply wanted to avoid further politicization of Graham’s case
• finding no exhaustion 428 in the case because petitioner did present significant new facts 429 in his federal petition
• “[A] habeas petitioner fails to exhaust state remedies when he presents material additional evidentiary support to the federal court that was not presented to the state court.”
• \exhaustion is not required if it would plainly be futile\

Source: CourtListener parenthetical corpus (CC0).