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· 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 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.