Kerstin Weinstein v. Roland Berger

How courts have described this case

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

• providing that “dismissal of a habeas petition for procedural default is a dismissal on the merits for purposes of determining whether a habeas petition is successive”
• stating that \state courts are free in ways that we are not to set the ground rules by which further collateral attacks on state convictions such as Har- vey's may be entertained\
• agreeing with sister circuits that “dismissal of a habeas petition for procedural default is a dismissal on the merits for purposes of determining whether a habeas petition is successive”
• framing the issue presented as whether there is a constitutional right for every inmate \to continually challenge a valid conviction based on whatever tech- nological advances may have occurred since his conviction became final\
• “Harvey would have this court fashion a substantive right to post-conviction DNA testing out of whole cloth or the vague contours of the Due Process Clause.”
• \Harvey would have this court fashion a substantive right to post-conviction DNA testing out of whole cloth or the vague contours of the Due Process Clause.\

Source: CourtListener parenthetical corpus (CC0).