· 1/13/1992
William Caswell v. Joseph Ryan (Superintendent) Attorney General of the State of Pennsylvania
Citations
- 953 F.2d 853
- 1992 U.S. App. LEXIS 276
- 1991 WL 285793
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “[t]he exhaustion requirement ensures that state courts have the first opportunity to review federal constitutional challenges to state convictions and preserves the role of state courts in protecting federally guaranteed rights”
- finding it “unpersuasive for [the petitioner] to argue ... that he had shown cause and prejudice on the basis of his belief ‘that because time had expired to file a timely petition for review in the Pennsylvania Supreme Court, he could not ever file such a petition’ ”
- “[A]s a matter of comity, exhaustion should be strictly adhered to because it expresses respect for our dual judicial system.”
- “absence of counsel” not enough for cause
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Cowen, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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