Michael J. Kurzawa v. Eurial K. Jordan, Administrator, Division of Probation and Parole, and James E. Doyle, Attorney General, State of Wisconsin

How courts have described this case

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

• finding failure to exhaust where petitioner “raised two entirely new, separate due process arguments on collateral appeal”
• “[T]he State [does not] ... suggest[ ] that this appeal is somehow procedurally faulted, ... [but] the State has not foregone a waiver defense, either explicitly or implicitly.”
• “[W]e may make sua sponte inquiry into whether a procedural default is manifest ‘and decide whether comity and judicial efficiency make it appropriate to consider the merits’ of the petitioner’s arguments.”
• “If the State does not explicitly or implicitly fore-go the [procedural default] defense, we may make sua sponte inquiry into whether a procedural default is manifest ‘and decide whether comity and judicial efficiency make it appropriate to consider the merits’ of the petitioner’s arguments”
• “If the State does not explicitly or implicitly forego the [pro- cedural default] defense, we may make sua sponte inquiry into whether a procedural default is manifest ‘and decide whether comity and judicial efficiency make it appropriate to consider the merits’ of the petitioner’s arguments”

Source: CourtListener parenthetical corpus (CC0).