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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.