Eighth Circuit· 3/14/2000

Leamon White v. Michael S. Bowersox, Superintendent

Citations

206 F.3d 776
2000 U.S. App. LEXIS 3805
2000 WL 272264

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).

Judges: Arnold, Loken, Melloy

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15 cases in this archive cite this case.

Cites

13 cases in this archive are cited by this case.

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