Martize R. Dellinger v. Edward R. Bowen, Warden

How courts have described this case

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

• holding that an argument involving application of 730 ILCS 5/5- 8-4 for the imposition of consecutive sentences involved a noncognizable issue of state law
• observing that where ineffective assistance claim sought to be used to excuse procedural default was itself not properly exhausted in state court, the petitioner is considered “fully defaulted”
• stating that “the claim of ineffective assistance must be raised in state court before it can suffice on federal habeas relief as ‘cause’ to excuse the default of another claim”
• noting that although the prisoner phrased the claim under due process and equal protection, the merits of the claim was a noncognizable challenge to the application of Illinois’s consecutive sentence statute
• refusing to apply miscarriage of justice standard where petitioner was challenging sentence and not underlying conviction
• discussing the miscarriage of justice exception that applies where a petitioner procedurally defaulted his federal claims in state court

Source: CourtListener parenthetical corpus (CC0).