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