· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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