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· 11/17/2004

James Perruquet v. Kenneth R. Briley

Citations

  • 390 F.3d 505
  • 2004 U.S. App. LEXIS 23949
  • 2004 WL 2600589

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 petitioner drew “enough of a connection between his right to due process and the trial court’s. . .instructional errors” to state cognizable habeas claim
  • holding that a federal district court faced with a petition containing both exhausted and unexhausted claims may deny it on the merits or dismiss it without prejudice
  • holding that a federal district court faced with a petition containing both exhausted and unexhausted claims may deny it on the merits or dismiss it without prejudice
  • holding that the petitioner bears the burden of demonstrating an exception to procedural default
  • holding that the petitioner bears the burden of establishing an exception to procedural default
  • holding that the petitioner bears the burden of demonstrating an exception to procedural default

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Ripple, Rovner

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.