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· 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 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.