Supreme Court· 12/9/1997

Trest v. Cain

Citations

522 U.S. 87
118 S. Ct. 478
139 L. Ed. 2d 444
1997 U.S. LEXIS 7495

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 of appeals reviewing a district court’s habeas corpus decision is not, required to raise sua sponte the petitioner’s potential procedural default
holding that \[a] court of appeals is not 'required' to raise the issue of procedural default sua sponte ” given that \procedural default ... is not a jurisdictional matter”
holding that procedural default is not a jurisdictional matter, and is instead a defense that must be raised by the state or it is lost
holding that supplemental briefing is not always required when disposing a case on an issue not argued but that requesting it is “often fairer” to the parties
holding that supplemental briefing is not always required when disposing a case on an issue not argued but that requesting it is “often fairer” to the parties
holding that state’s failure to raise procedural default normally constitutes waiver of the default

Source: CourtListener parenthetical corpus (CC0).

Judges: Breyer

Read full opinion on CourtListener

Cited by

147 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases named Trest v. Cain

5 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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