Gary Randall Hoxsie v. Dareld Kerby, Warden Tom Udall, Attorney General for the State of New Mexico

How courts have described this case

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

• noting that courts should deny unexhausted but plainly meritless claims when requiring the petitioner to return to state court to exhaust the claim would “simply require useless litigation in the state courts”
• “[W]e conclude that it is appropriate to address the merits of a habeas petition notwithstanding the failure to exhaust available state remedies where, as here, ‘the interests of comity and federalism will be better served by addressing the merits forthwith.’”
• “in choosing to call a witness, ‘[f]or counsel’s [decision] to rise to the level of constitutional ineffectiveness, the decision . . . must have been completely unreasonable, not merely wrong, so that it bears no relationship to a possible defense strategy.”

Source: CourtListener parenthetical corpus (CC0).