· 9/8/2011
Mendes v. Brady
Citations
- 656 F.3d 126
- 2011 U.S. App. LEXIS 18628
- 2011 WL 3940159
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Pina’s holding that a rule be “regularly and consistently applied” is no longer the standard to determine adequacy of a state procedural bar, but instead a court must ask if the rule is “invoked surprisingly or unfairly”
- finding although the “gatekeeper judge[] reference[d] [] the merits . . . [he] was not ruling on the merits . . . instead, he was simply addressing the second prong of the new-and-substantial rule . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Souter, Selya
Read full opinion on CourtListenerSourced 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.