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Fifth Circuit· 12/12/1997

Hogue v. Johnson

Citations

  • 131 F.3d 466
  • 1997 U.S. App. LEXIS 34830
  • 1997 WL 768631

How courts have described this case

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

  • concluding that the Brecht standard applies to determine whether a constitutional error was harmless in a federal habeas challenge even when no state court reviewed petitioner’s claim and therefore never determined whether the error was harmless
  • concluding that the Brecht standard applies to determine whether a constitutional error was harmless in a federal habeas challenge even when no state court reviewed petitioner’s claim and therefore never determined whether the error was harmless
  • holding the Texas contemporaneous objection rule was already well established 35 years ago and recognized as an adequate state procedural barrier to federal habeas review at least twenty years ago
  • noting that one panel of this circuit may not overturn another panel absent an intervening decision to the contrary by the Supreme Court or this court en banc
  • holding the Texas contemporaneous objection rule was already well established 35 years ago and recognized as an adequate state procedural barrier to federal habeas review at least twenty years ago
  • holding federal court should not consider affidavits not presented to state court

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Higginbotham, Davis

Read full opinion on CourtListener

Cited by

61 cases in this archive cite this case; the 20 most cited are listed.

Cites

148 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Hogue v. Johnson

4 other CourtListener records share this case name.

Sourced 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.