discussed Cited "see" Frank Howard v. Barbara Bouchard, Warden (2×) See Yeatts v. Angelone, 166 F.3d 255, 262 (4th Cir.), cert. denied, 526 U.S. 1095 , 119 S.Ct. 1517 , 143 L.Ed.2d 668 (1999) (indicating that when it is evident that the state intentionally declined to raise procedural default as a defense the court should be wary of raising the issue sua sponte); Smith v. Horn, 120 F.3d 400, 409 (3d Cir.1997), cert. denied, 522 U.S. 1109 , 118 S.Ct. 1037 , 140 L.Ed.2d 103 (1998) (suggesting that in raising the defense sua sponte, federal courts must be wary of “acting as advocates for the state rather than as impartial magistrates”).

discussed Cited "see" Howard v. Bouchard See Yeatts v. Angelone, 166 F.3d 255, 262 (4th Cir.), cert. denied, 526 U.S. 1095 (1999) (indicating that when it is evident that the state intentionally declined to raise procedural default as a defense the court should be wary of raising the issue sua sponte); Smith v. Horn, 120 F.3d 400, 409 (3d Cir. 1997), cert. denied, 522 U.S. 1109 (1998) (suggesting that in raising the defense sua sponte, federal courts must be wary of “acting as advocates for the state rather than as impartial magistrates”).

cited Cited "see" Hudson v. Hunt See Yeatts v. Angelone, 166 F.3d 255, 260-61 (4th Cir.), cert. denied, 526 U.S. 1095 (1999).

cited Cited "see" Andrew Mark Hudson v. J. R. Hunt North Carolina See Yeatts v. Angelone, 166 F.3d 255, 260-61 (4th Cir.), cert. denied, 526 U.S. 1095 , 119 S.Ct. 1517 , 143 L.Ed.2d 668 (1999).