· 12/4/1939
Protests 636879-G of Bloomingdale Bros.
Citations
- 3 Cust. Ct. 489
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that issues that could be litigated on direct appeal could not be litigated in state post-conviction relief
- holding that claims must be raised on direct appeal, if possible, or they will be barred by the doctrine of res judicata.
- holding that a party is precluded from raising a claim that he failed to raise during the course of his direct appeal
- holding that res judicata bars a criminal defendant from raising in post-conviction proceedings those claims that could have been raised on direct appeal
- concluding that because the defendant could have, but did not, raise a claimed sentencing error on direct appeal, the error was now barred by the doctrine of res judicata
- holding that any claim that was raised or could have been raised on direct appeal is barred from review on post conviction under the doctrine of res judicata
Source: CourtListener parenthetical corpus (CC0).
Judges: Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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