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How this document has been cited

This procedural default precludes this Court from considering the merits of Petitioner's federal habeas claim, unless Petitioner can show cause and prejudice for the default.
- in Dykes v. Morrow, 2009 and 67 similar citations
—non-compliance with a state procedural rule bars federal habeas corpus review, absent showing of cause and prejudice
- in Nichols v. Sullivan, 1989 and 66 similar citations
If the state court decides a claim on an independent and adequate state ground, such as a procedural rule prohibiting the state court from reaching the merits of the constitutional claim, a petitioner ordinarily is barred from seeking federal habeas review.
- in Dance v. Parker, 2013 and 180 similar citations
If a federal habeas petitioner can show both (1) " `cause'for noncompliance with the state rule "and (2)" `actual prejudice resulting from the alleged constitutional violation [,], "the federal court may consider the claim.
- in Hough v. Cartledge, 2017 and 183 similar citations
If a state prisoner procedurally defaults on a claim in state court, a federal court will not review the claim unless the state prisoner shows cause for the procedural default and actual prejudice from it, or that "failure to consider the claims will result in a fundamental miscarriage of justice."
- in Sanders v. Mills, 2014 and 84 similar citations
T] he state trial on the merits [should be] the `main event,'so to speak, rather than a `tryout on the road'for what will later be the determinative federal habeas hearing
- in Morris v. Beard, 2012 and 142 similar citations
That is, a petitioner may not raise on federal habeas a federal constitutional rights claim he could not raise in state court because of procedural default.
- in Robinson v. State, 2016 and 351 similar citations
A habeas petitioner can overcome a procedural default by showing both cause for failing to abide by state procedural rules and a resulting prejudice from that failure.
- in Jordan v. Warden, 2024 and 136 similar citations
Further, in Section 2255 proceedings, the Supreme Court has recognized the rule of "procedural default:[that prisoners] cannot assert claims they failed to raise at trial or on direct appeal unless they can show `cause'for the default and `prejudice'resulting from it. "
- in US v. Erdil, 2002 and 40 similar citations
When a petitioner's claim is denied in state court "due to a state procedural rule that prevents the state courts from reaching the merits of the petitioner's claim, that claim is procedurally defaulted and may not be considered by the federal court on habeas review."
- in Diaz v. Bauman, 2020 and 69 similar citations

Cited by

477 US 478 - Supreme Court 1986
785 F. 2d 135 - Court of Appeals, 6th Circuit 1986
760 F. 2d 836 - Court of Appeals, 7th Circuit 1985
534 F. Supp. 1128 - Dist. Court, WD Wisconsin 1982
646 F. 2d 355 - Court of Appeals, 9th Circuit 1981
620 F. 2d 111 - Court of Appeals, 6th Circuit 1980
755 F. Supp. 850 - Dist. Court, ED Arkansas 1991
800 F. 2d 905 - Court of Appeals, 9th Circuit 1986
633 F. 2d 634 - Court of Appeals, 2nd Circuit 1980
448 F. Supp. 1264 - Dist. Court, ND Illinois 1978

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