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Seventh Circuit· 5/19/2022

Peter Whyte v. Dan Winkleski

Citations

  • 34 F.4th 617

How courts have described this case

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

  • holding that an analogous Wisconsin postconviction pleading standard is an independent procedural rule
  • stating that Allen’s pleading standard “is an adequate and independent state procedural rule”
  • noting “[t]hat the conclusion of procedural default preceded rather than proceeded from an explanation of Allen is of no consequence.”
  • “This court has held that Escalona-Naranjo’s bar constitutes an adequate and independent state procedural ground, which forecloses federal review.”
  • “Second, Winston asserted in his opposition brief how his case is distinguished from Whyte [sic].”
  • “Even if the court also rejected Whyte’s claim as meritless, our review is foreclosed when adequate and independent state law grounds are sufficient to resolve the dispute.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brennan

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Cited by

4 cases in this archive cite this case.

Cites

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

Sourced from CourtListener / Free Law Project (CC0).

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