· 12/22/2004
George Johnson v. Steven Pinchak Attorney General of the State of New Jersey
Citations
- 392 F.3d 551
- 2004 U.S. App. LEXIS 26741
- 2004 WL 2952813
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the exhaustion requirement was satisfied even though the merits of the claim were not considered because the petition was untimely
- holding federal habeas claim was procedurally defaulted even though state court, after finding claim barred by state procedural rule, referenced merits of claim as alternative holding
- explaining that an alternative holding does not undermine the central meaning of an opinion
- rejecting a claim as procedurally defaulted while explicit declining to determine whether the claim in question was structural
- “Even if a state court fails to rule on the merits of a claim, a properly presented claim will be considered exhausted.”
- “From the unambiguous language of Rule 3:22–12 and from the many prior cases that have consistently applied the time bar, it is clear that this procedural rule was an independent and adequate state ground establishing procedural default.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alito, Fuentes, Becker
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.