· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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