· 7/31/2006
Luis Jimenez v. Hans Walker, Superintendent of Auburn Correctional Facility
Citations
- 458 F.3d 130
- 2006 U.S. App. LEXIS 19353
- 2006 WL 2129338
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that cumulative error claim must be fairly presented to state court to later be considered by feder al courts on habeas review
- explaining that while “[h]oldings—what is necessary to a decision—are binding,” “[d]icta—no matter how strong or how characterized— are not” (internal quotation marks omitted)
- noting that court had interpreted Supreme Court precedent to “deem such ‘either/or’ adjudications as resting on the merits of the petitioner’s federal claim”
- “Holdings— what is necessary to a decision—are binding. Dicta—no matter how strong or how characterized—are not.” (citation omitted)
- describing examination of the “state court’s practice when faced with such a [procedural] bar” as part of the inquiry into whether a particular decision was procedural or merits-based
- “[I]solated phrases do not give the state court fair notice of a distinct cumulative-error claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Feinberg, Cardamone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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