Hooks v. Ward

How courts have described this case

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

• holding that state bears the burden of proving the adequacy of a state procedural bar to federal habeas review
• “If the omitted issue is without merit, [appellate] counsel’s failure to raise it does not constitute constitutionally ineffective assistance of counsel.” (internal quotation marks omitted)
• “[I]n the context of instructions on lesser included offenses, we see particular strategy reasons why a defendant might not want to present the jury with a compromise opportunity.”
• “There is no doubt that ‘state-court procedural default . . . is an affirmative defense,’ and that the state is ‘obligated to raise procedural default as a defense or lose the right to assert the defense thereafter.’” (quoting Gray v. Netherland, 518 U.S. 152, 165-66 (1996)

Source: CourtListener parenthetical corpus (CC0).