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· 6/17/1992

Valerio Ernest Miranda v. Thomas Cooper, Superintendent, and Frank Gunter, (Gunther) Sic, Director, D.O.C.

Citations

  • 967 F.2d 392
  • 1992 U.S. App. LEXIS 13610
  • 1992 WL 131929

How courts have described this case

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

  • holding that it is a habeas petitioner’s burden to show he is excused from exhausting available state court remedies
  • holding that Stone barred consideration of a claim because petitioner did not raise it in state court despite the opportunity to do so
  • holding that Stone barred consideration of a claim because petitioner did not raise it in state court despite the opportunity to do so
  • stating that exhaustion of state remedies is a prerequisite to raising a federal constitutional claim under 28 U.S.C. § 2254
  • noting that federal courts “will not excuse a failure to exhaust state remedies in a 28 U.S.C. § 2254 action unless it is affirmatively shown that resort to them would be useless”
  • noting that federal courts “will not excuse a failure to exhaust state remedies in a 28 U.S.C. § 2254 action unless it is affirmatively shown that resort to them would be useless”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Barrett, Hunter

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.