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· 1/31/2005

William A. Sanders v. Zettie Cotton

Citations

  • 398 F.3d 572
  • 2005 U.S. App. LEXIS 1488
  • 2005 WL 196667

How courts have described this case

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

  • finding no procedural default where state court noted that “if an issue was available on direct appeal but not litigated, it is [forfeited],” but then “immediately proceeded to address and decide the merits” without directly saying that forfeiture had occurred
  • argument challenging consecutive sentences was \clearly weaker\ than a challenge to jury instructions because \a trial court has wide discretion to impose consecutive sentences\
  • “[O]nly an explicit invocation of a state procedural bar blocks federal consideration of an issue.” (emphasis added)
  • where the state appellate court’s discussion of waiver is intertwined with its merits analysis, the state court’s decision does not rest 28 Nos. 06-2768 & 06-3281 on an independent and adequate state law ground

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Ripple, Williams

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.