· 2/22/1994
James Yates Rust, Jr., A/K/A James Yeats Rust, Jr. v. Rex A. Zent, Warden
Citations
- 17 F.3d 155
- 1994 U.S. App. LEXIS 2989
- 1994 WL 49602
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that failure to exhaust bars review only when the state still provides a remedy to exhaust
- stating that because \no remedy exists\ in state court for petitioner's constitutional claim, \no exhaustion problem exists\
- stating that because “no remedy exists” in state court for petitioner’s constitutional claim, “no exhaustion problem exists”
- stating that showing cause and prejudice is not required if defendant makes an “extraordinary case whereby a constitutional violation resulted in the conviction of one who is actually innocent”
- stating that showing cause and prejudice is not required if defendant makes an \extraordinary case whereby a constitutional violation resulted in the conviction of one who is actually innocent\
- stating federal court may grant habeas relief if petitioner presents extraordinary case whereby constitutional violation resulted in conviction of innocent defendant, in such case procedural failures in state court may be overlooked
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Boggs, Contie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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