Kenneth Earl Fults v. GDCP Warden

How courts have described this case

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

• holding that petitioner’s funda- mental miscarriage of justice claim, raised for the first time on a motion for reconsideration, could not cure procedural defects
• holding that petitioner’s claim of juror racial bias was not excepted from default as a miscarriage of justice because petitioner had not shown that he was actually innocent of the death penalty
• holding that the district court did not abuse its discretion in denying petitioner’s motion for reconsideration because he did not give the court a reason why he failed to raise an issue earlier
• “[A] cause and prejudice argument which is not presented in state court is itself procedurally defaulted and cannot be raised for the first time on federal habeas (unless, of course, there is cause and prejudice for that particular default as well
• cleaned up and cita- tion omitted

Source: CourtListener parenthetical corpus (CC0).