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· 7/30/2009

Sharrieff v. Cathel

Citations

  • 574 F.3d 225
  • 2009 U.S. App. LEXIS 16870
  • 2009 WL 2257268

How courts have described this case

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

  • holding that where a state “clearly, explicitly, and unambiguously relinquished and abandoned its right to assert the nonexhaustion defense” with respect to a claim, “[t]he fact that the State based its concession on a flawed legal conclusion is of no consequence”
  • noting in dictum that the Supreme Court raised the possibility in Castille of this exception to the exhaustion requirement
  • noting in dictum that the Supreme Court raised the possibility in Castille of this exception to the exhaustion requirement
  • noting in dictum that the Supreme Court has “recognized exceptions” to the fair presentation re-qxiirement “where the State has actually passed upon the claim” (quoting Castille v. Peoples, 489 U.S. 346, 351, 109 S.Ct. 1056, 103 L.Ed.2d 380 (1989))
  • State’s argument before the district court that Mr. Fontenot merely “added bits and pieces of argument to his Brady and actual innocence claims based upon the recently produced Ada police reports”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barry, Smith, Restani

Read full opinion on CourtListener

Sourced 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.