Gary Paul Cassett v. Terry L. Stewart, Director

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 lower court may deviate from mandate only if it is “not counter to the spirit of the circuit court’s decision”
• holding that a claim may be denied under 28 U.S.C. § 2254(b)(2) 13 only where “it is perfectly clear that the petitioner has no hope of prevailing”
• noting that “principles of comity and federalism demand that the 26 federal court refrain from ruling on the merits of the [unexhausted] claim unless ‘it is 27 perfectly clear that the petitioner has no hope of prevailing’”
• adopting the standard set forth in Granberry v. Greer, 481 U.S. 129, 135 2 (1987)
• finding no need to consider exhaustion 5 requirement where petitioner “does not raise even a colorable federal claim”
• permitting a habeas court to 12 deny an unexhausted claim on its merits when it is clear the claim is not colorable

Source: CourtListener parenthetical corpus (CC0).