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Seventh Circuit· 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 CourtListener

Cited by

87 cases in this archive cite this case; the 20 most cited are listed.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Peter Lewis v. Jerry Sternes

1 other CourtListener record shares this case name.

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.