· 4/4/2012
Roman v. DiGuglielmo
Citations
- 675 F.3d 204
- 2012 WL 1109729
- 2012 U.S. App. LEXIS 6707
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 federal court “may bypass the exhaustion issue altogether should [it] decide that the petitioner’s habeas claim fails on the merits”
- holding that a federal court “may bypass the exhaustion issue altogether should [it] decide that the petitioner’s habeas claim fails on the merits”
- holding that a federal court “may bypass the exhaustion issue altogether should [it] decide that the petitioner’s habeas claim fails on the merits”
- stating that “to the extent there has been any shift in Pennsylvania law, we cannot comfortably say that it is clear enough to alter our decision in DeFoy”
- stating that, when reviewing a petition for writ of habeas corpus, we must “consider all factual allegations in a light most favorable to the petitioner to determine whether he has stated a cognizable claim for habeas relief”
- allowing state courts the first opportunity to pass upon federal constitutional claims furthers the policies of comity and federalism
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Fuentes, Greenberg
Read full opinion on CourtListenerSourced 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.