Gunter v. Maloney

How courts have described this case

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

• stating that, to constitute an independent and adequate state ground, the SJC must “regularly and consistently enforce [a] procedural rule”
• stating that miscarriage of justice review does not operate as a waiver of procedural default
• finding that Massachusetts courts “regularly enforce[] the rule that a claim not raised is waived”
• concluding that there was no exhaustion of an ineffective assistance of counsel claim “where the clam has not been fairly presented on direct appeal, as happened here, it should be fairly presented to the state court through a motion for collateral relief”
• holding that a “finding by a state court that a defendant procedurally defaulted a claim bars federal habeas corpus relief on that claim unless that defendant as a petitioner shows ... cause for the default and prejudice from the claimed violation of federal law”
• “Raising a claim for the first time to the state’s highest court on discretionary review is not fair presentation for purposes of exhaustion”

Source: CourtListener parenthetical corpus (CC0).