· 12/6/2004
Peter Lewis v. Jerry Sternes
Citations
- 390 F.3d 1019
- 2004 U.S. App. LEXIS 25004
- 2004 WL 2785682
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ineffective assistance of counsel can only excuse default if it itself had been fairly presented before the state courts
- stating that exhaustion requires petitioner to raise claim “at each and every level in the state court system, including levels at which review is discretionary rather than mandatory”
- finding the claims procedurally defaulted for petitioner’s failure to pursue either claim on direct appeal or in post-conviction proceedings
- \[A]n assertion that one's counsel was ineffective for failing to pursue particular constitutional issues is a claim separate and independent of those issues.\
- “As [petitioner] prepared the petition without the assistance of counsel, we owe it a generous interpretation.”
- the claim must be asserted “at each and every level in the state court system”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Kanne, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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