Norman G. Bernier v. Robert J. Moore, Superintendent, Etc., 441 F.2d 395 (1st Cir. 1971). · Go Syfert
Norman G. Bernier v. Robert J. Moore, Superintendent, Etc., 441 F.2d 395 (1st Cir. 1971). Cases Citing This Book View Copy Cite
19 citation events (2 in the last 25 years) across 9 distinct courts.
Strongest positive: ENWONWU v. JOYCE (med, 2024-12-05)
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) ENWONWU v. JOYCE
D. Me. · 2024 · confidence medium
Bernier v. Moore, 441 F.2d 395, 396 (1st Cir. 1971). court is sought, together with a supporting memorandum, within fourteen (14) days of being served with a copy thereof.
discussed Cited as authority (rule) United States ex rel. Richards v. Bartlett
E.D.N.Y · 1993 · confidence medium
As the Second Circuit has observed, [H]abeas corpus is a special proceeding to right wrongs, not a routine procedure to search for them____ With respect to this same problem, Justice Jackson once observed that “he who must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search.” Williams v. Kullman, 722 F.2d 1048 (2d Cir.1983) (quoting Bernier v. Moore, 441 F.2d 395, 396 (1st Cir.1971) and Brown v. Allen, 344 U.S. 443, 537 , 73 S.Ct. 397, 425 , 97 L.Ed. 469 (1953)).
cited Cited as authority (rule) Mack Wallace v. State of Tennessee
6th Cir. · 1987 · confidence medium
See Blackledge v. Allison, 431 U.S. 63 , 75 n.7 (1977); Wacht v. Cardwell, 604 F.2d 1245, 1249 (9th Cir. 1979); Bernier v. Moore, 441 F.2d 395, 396 (1st Cir. 1971).
discussed Cited as authority (rule) Benny Williams v. Robert Kullman and Robert Abrams, Attorney General, State of New York
2d Cir. · 1983 · confidence medium
As the First Circuit stated, “[hjabeas corpus is a special proceeding to right wrongs, not a routine procedure to search for them .... ” Bernier v. Moore, 441 F.2d 395, 396 (1st Cir.1971) (per curiam).
cited Cited "see" McCollum v. Sullivan
D. Del. · 1981 · signal: see · confidence high
See Bernier v. Moore, 441 F.2d 395 (1st Cir. 1971). 5 Thus, these claims were never fairly presented to the state courts, and review is denied.
cited Cited "see, e.g." Lopez Polanco v. United States
1st Cir. · 1993 · signal: see also · confidence medium
Id.; see also Bernier v. Moore, ___ ________________ _____ 441 F.2d 395, 396 (1st Cir. 1971) (per curiam); Aubut v. _____ Maine, 431 F.2d 688, 689 (1st Cir. 1970).
cited Cited "see, e.g." Lopez Polanco v. United States
1st Cir. · 1993 · signal: see also · confidence medium
Id.; see also Bernier v. Moore, 441 F.2d 395, 396 (1st Cir. 1971) (per curiam); Aubut v. Maine, 431 F.2d 688, 689 (1st Cir. 1970).
cited Cited "see, e.g." Andre Lopez Polanco v. United States
1st Cir. · 1993 · signal: see also · confidence medium
Id.; see also Bernier v. Moore, 441 F.2d 395, 396 (1st Cir. 1971) (per curiam); Aubut v. Maine, 431 F.2d 688, 689 (1st Cir. 1970).
discussed Cited "see, e.g." Gene L. Perry v. Abu Hanif Abdal-Khallaq
1st Cir. · 1992 · signal: see, e.g. · confidence medium
See, e.g., Bernier v. Moore, 441 F. 2d 395, 396 (1st Cir. 1971). 4 With respect to Paragraphs 12D through 12J, we agree with the district court that Perry is barred by his procedural default in state court from bringing these claims in federal court.
cited Cited "see, e.g." Delle Chiaie v. Commonwealth
Mass. · 1975 · signal: see also · confidence low
See also Bernier v. Moore, 441 F. 2d 395 (1st Cir. 1971).
Retrieving the full opinion text from the archive…
Norman G. BERNIER, Petitioner, Appellant,
v.
Robert J. MOORE, Superintendent, Etc., Respondent, Appellee
Misc. 462.
Court of Appeals for the First Circuit.
Apr 22, 1971.
441 F.2d 395
Norman G. Bernier, pro se, on application for certificate of probable cause.
Aldrich, Coffin, McENTEE, Per Curiam.
Cited by 13 opinions  |  Published
PER CURIAM.

This petition for habeas corpus relief presents a question which is arising with increasing frequency, whether a defendant whose attack on his state conviction has been reviewed by the state courts is entitled to further review in the federal system simply for the asking. We hold he is not. The fundamental purpose of habeas corpus would be undermined if the writ were prostituted by holding it out as available upon mere “notice” or token pleading, without any showing of entitlement. We do not accept the burden, upon ourselves and other litigants alike, that would follow if state defendants, simply by making conclusory allegations, could require district judges—and, inevitably, on appeal, three circuit judges—to read the records and transcripts of their state trials. Habeas corpus is a special proceeding to right wrongs, not a routine procedure to search for them, nor a means of requiring the federal courts to review, as a matter of course, state proceedings.

Mere assertions of ineffective counsel, for example, are not enough. Nor is it sufficient to refer to an act or omission of counsel, as does petitioner in this case, without indicating why it constituted gross impropriety or prejudicial misconduct. Cf. Commonwealth v. Bernier, 1971 Mass.A.S. 299, 267 N.E.2d 636. It is well within the discretion of the district courts to refuse to order a hearing in such circumstances. Cf. Sanders v. United States, 1963, 373 U.S. 1, 19, 83 S.Ct. 1068, 10 L.Ed.2d 148; Machibroda v. United States, 1962, 368 U.S. 487, 495-496, 82 S.Ct. 510, 7 L.Ed.2d 473.

Petitioner makes the customary allegation that he is a layman unlearned in the law, adding that we should construe his pleadings liberally. We have remarked before upon the singular circumstance that defendants who are unlearned in the law in all other respects possess a special expertise enabling them to know that their counsel has been guilty of misconduct amounting to the denial of a constitutional right. If in fact a defendant possesses this knowledge, well and good; he should inform the court of the factual basis for his conclusion. If he does not, then his recitation of standard claims and stock phrases will not be regarded an adequate claim for habeas corpus relief. As we said in Aubut v. Maine, 1 Cir., 1970, 431 F.2d 688, 689, accumulated experience indicates that the likelihood of injustice resulting from such a rule is remote. A contrary rule could only lead to unwarranted abuse.

The certificate of probable cause for appeal is denied.