Richard Hardiman v. Dan M. Reynolds, Warden and Attorney General of the State of Oklahoma

How courts have described this case

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

• holding that a court may raise a state procedural bar defense sua sponte, but need not do so
• holding that a court may raise a state procedural bar defense sua sponte, but need not do so
• holding that district court erred in dismissing petition on the basis of procedural default, which was raised sua sponte, without providing an opportunity to the petitioner to respond
• holding that district court erred in dismissing petition on the basis of procedural default, which was raised sua sponte, without providing an opportunity to the petitioner to respond
• holding that a district court may raise state procedural default sua sponte in dismissing a habeas petition where it was undisputed that the petitioner did not raise that issue on direct appeal
• noting that the rule against sua sponte consideration of waived defenses distinguishes our adversarial judicial system from an inquisitorial one

Source: CourtListener parenthetical corpus (CC0).