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· 2/20/1990

James Harmon, Iii, 080164 v. Tom L. Barton, Robert Butterworth

Citations

  • 894 F.2d 1268
  • 1990 U.S. App. LEXIS 2296
  • 1990 WL 6924

How courts have described this case

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

  • holding that a state appellate court’s per curiam affirmance of the lower court’s ruling explicitly based on procedural default is a clear and express statement of its reliance on an independent and adequate state law ground barring federal review
  • noting that a state appellate court's per curiam affirmance of the lower court's ruling explicitly based on procedural default is a clear and express statement of its reliance on an independent and adequate state law ground barring federal review
  • noting that a state appellate court’s per curiam affirmance of the lower court’s ruling explicitly based on procedural default is a clear and express statement of its reliance on an independent and adequate state law ground barring federal review
  • noting that a state appellate court’s per curiam affirmance of the lower court’s ruling explicitly based on a procedural default is a clear and express statement of its reliance on an independent and adequate state law ground barring federal review
  • rejecting a petitioner’s claim that his pro se status constituted cause for a procedural default and noting that “[t]he factual and legal basis for a challenge . . . was plainly available to the petitioner at the time” he filed his state petition
  • `We recognize that even representation by the most competent lawyer is no guarantee that all colorable issues will be raised.'

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Hatchett, Morgan

Read full opinion on CourtListener

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.