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· 11/28/1989

Philip Shaddy v. Harold Clarke, Warden of the Nebraska State Penitentiary

Citations

  • 890 F.2d 1016
  • 1989 U.S. App. LEXIS 17785
  • 1989 WL 142346

How courts have described this case

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

  • if a state court ignores a potential procedural bar and reaches the merits of a prisoner's claim, the federal habeas courts may consider the claim
  • “[O]nly if the state court issues a ‘plain statement’ that it is rejecting petitioner’s federal claim on state procedural grounds will federal habeas courts be precluded from reaching the merits of the claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Magill, Larson

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.