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· 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

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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.