· 9/12/1994
Milton Eugene Cupit v. John P. Whitley, Warden, Louisiana State Penitentiary
Citations
- 28 F.3d 532
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a party waived an argument by failing to raise it before the magistrate judge
- holding that the objecting party forfeited an argument “by raising it for the first time in their objection to the magistrate judge’s Report and Recommendation.”
- holding that Confrontation Clause inquiry must determine not only whether hearsay evidence is admissible but also whether it is “material,” i.e., whether it was “crucial” or “critical” in the “framework of the whole trial”
- deciding that legal arguments, such as challenges based on exhaustion or procedural default, raised for the first time in objections to a magistrate judge’s report and recommendation were waived
- explaining that new allegations raised for the first time in objections to a magistrate judge’s findings are improper
- explaining that a party waives arguments that he failed to present before the magistrate judge
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Demoss, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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