Leamon White v. Michael S. Bowersox, Superintendent

How courts have described this case

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

• concluding that abandonment rule announced in petitioner’s own state appeal did not bar federal review
• concluding that abandonment rule announced in petitioner's own state appeal did not bar federal review
• to be “adequate” to bar federal habeas review, a rule must be “firmly established, regularly followed, and readily ascertainable”
• to be “adequate” to bar federal habeas review, a rule must be “firmly established, regularly followed, and readily ascertainable”
• “Procedural default of a claim under state law may constitute an independent and adequate state ground, but only if the state procedural rule is firmly established, regularly followed, and readily ascertainable.” (internal citation omitted)
• \The underlying principle is 'that failure to follow state procedures will warrant withdrawal of a federal remedy only if those procedures provided the habeas petitioner with a fair opportunity to seek relief in state court.'\

Source: CourtListener parenthetical corpus (CC0).