James Morrison v. Michael Mahoney, Warden, Montana State Prison

How courts have described this case

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

• holding that affirmative defense of 21 procedural default should be raised in the first responsive pleading to avoid waiver
• holding that state 1 did not waive procedural default defense when it failed to raise the defense in motion to dismiss, 2 but subsequently asserted the defense in its answer
• explaining that “Rule 7(a) defines ‘pleadings’ as a complaint and 14 answer; a reply to a counterclaim; an answer to a cross-claim; and a third party complaint 15 and answer[;]” and that “[a]nything else is a motion or paper.”
• permitting review of a new argument made on remand because the trial court had the opportunity to address it
• “The requirement in Rule 8(c) that a party set forth the affirmative defenses listed in that rule applies only to responsive ‘pleadings,’ not to motions.”
• motion to dismiss “not a responsive pleading that required the State to raise or waive all its defenses”

Source: CourtListener parenthetical corpus (CC0).