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· 10/6/2006

Paul N. Howard Co. v. Camp, Dresser & McKee, Inc.

Citations

  • 938 So. 2d 638
  • 2006 Fla. App. LEXIS 16624
  • 2006 WL 2844418

How courts have described this case

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

  • noting that no statute or other time limitation bars habeas petition
  • adopting federal cause and prejudice standard for “habeas review with respect to constitutional claims not properly preserved because of a trial court default”
  • abandoning the “deliberate bypass” standard in favor of the “cause and prejudice” standard for claims not raised at trial
  • abandoning ‘deliberate bypass’ standard in favor of ‘cause and prejudice’ standard for claims not raised at trial
  • adopting cause and prejudice as ‘‘the appropriate standard for reviewability in a habeas cor- pus proceeding of constitutional claims not adequately preserved at trial because of procedural default’’
  • reviewing court can find against petitioner on either prong of Strickland

Source: CourtListener parenthetical corpus (CC0).

Judges: Orfinger, Palmer, Pleus

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.