Rodney Pierce v. North Carolina State Board of Elections

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How courts have described this case

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

• explaining that the relevant time for determining whether a rule was firmly established and regularly applied is not when the state court relied on it, “but rather ... the date of the waiver that allegedly occurred”
• \Doctor alleges facts that could support a finding that `the proceedings resulting in his conviction were so unfair that a miscarriage of justice occurred which no civilized society can tolerate.' \
• “Doctor alleges facts that could support a finding that ‘the proceedings resulting in his conviction were so unfair that a miscarriage of justice occurred which no civilized society can tolerate.’ ”
• abrogated on other grounds, Beard v. Kindler , 558 U.S. 53 , 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009)
• the state rule must be firmly established and regularly followed before it can be considered an independent and adequate state law ground sufficient to foreclose federal court review under the procedural default doctrine
• “[I]t was not ‘firmly -16- review of his first claim on the merits. C. The Custody Requirement The Magistrate Judge declined to reach the merits of claims 2(a

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