federal habeas claim (Pennsylvania) · Go Syfert
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federal habeas claim in Pennsylvania

8 Pennsylvania opinions name it 2 courts 1997–2017 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Steelegreen
pa · 2008 · cited in 3 Pennsylvania opinions naming this issue, 2011–2014
2 sentences

2014The result of this perverse system of incentives for professional capital counsel who ping-pong back and forth between state and federal courts, and who have seemingly inexhaustible federal resources and ample cases to choose from, is an opportunity and incentive to feign that they do not know how to comply with state procedural rules, see [Commonwealth v.] Steele [ 599 Pa. 341 ], 961 A.2d [786], 884-38 [ (Pa.2008) ] (Castille, C.J., joined by McCaffery, J., concurring); and in the process attempt to generate “uneven” procedural default rulings by the state courts.

2014The result of this perverse system of incentives for professional capital counsel who ping-pong back and forth between state and federal courts, and who have seemingly inexhaustible federal resources and ample cases to choose from, is an opportunity and incentive to feign that they do not know how to comply with state procedural rules, see [Commonwealth v.] Steele [ 599 Pa. 341 ], 961 A.2d [786], 834-38 [(Pa.2008)] (Castille, C.J., joined by McCaffery, J., concurring); and in the process attempt to generate “uneven” procedural default rulings by the state courts.

13
Commonwealth v. Robinson, A., Aplt.green
pa · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Commonwealth v. Robinson, 139 A.3d 178, 183-84, 187 (Pa. 2016); Commonwealth v. Brown, 143 A.3d 418 , 420–21 (Pa. Super. 2016).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Beard v. Kindler green
scotus · 2009
2 sentences

2011As I explained in my recent concurrence in Commonwealth v. Paddy, 609 Pa. 272 , 15 A.3d 431 , 439 n. 1 (2011): Significantly, since Steele was decided, the U.S. Supreme Court has issued unanimous decisions in two federal habeas corpus cases involving state prisoners, including Beard v. Kindler, 558 U.S. -, 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009), a Pennsylvania capital case, which should significantly diminish the incentive for counsel to try to sow inconsistencies and confusion in state court procedural rulings, in an effort to lay the groundwork for a later federal habeas claim that state cou

2011As I explained in my recent concurrence in Commonwealth v. Paddy, 609 Pa. 272 , 15 A.3d 431 , 439 n. 1 (2011): Significantly, since Steele was decided, the U.S. Supreme Court has issued unanimous decisions in two federal habeas corpus cases involving state prisoners, including Beard v. Kindler, 558 U.S. -, 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009), a Pennsylvania capital case, which should significantly diminish the incentive for counsel to try to sow inconsistencies and confusion in state court procedural rulings, in an effort to lay the groundwork for a later federal habeas claim that state cou

22011–2011
Walker v. Martin green
scotus · 2011
2 sentences

2011“In a recent decision, Beard v. Kindler, 558 U.S. ——, 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009), this Court clarified that a state procedural bar may count as an adequate and independent ground for denying a federal habeas petition even if the state court had discretion to reach the merits despite the default.” Walker v. Martin, — U.S.-, -, 131 S.Ct. 1120, 1125 , 179 L.Ed.2d 62 (2011).

2011“In a recent decision, Beard v. Kindler, 558 U.S. ——, 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009), this Court clarified that a state procedural bar may count as an adequate and independent ground for denying a federal habeas petition even if the state court had discretion to reach the merits despite the default.” Walker v. Martin, — U.S.-, -, 131 S.Ct. 1120, 1125 , 179 L.Ed.2d 62 (2011).

22011–2011
Commonwealth v. Brown green
pasuperct · 2016
1 sentence

2017Commonwealth v. Robinson, 139 A.3d 178, 183-84, 187 (Pa. 2016); Commonwealth v. Brown, 143 A.3d 418 , 420–21 (Pa. Super. 2016).

12017–2017
Commonwealth v. Paddy green
pa · 2011
2 sentences

2011As I explained in my recent concurrence in Commonwealth v. Paddy, 609 Pa. 272 , 15 A.3d 431 , 439 n. 1 (2011): Significantly, since Steele was decided, the U.S. Supreme Court has issued unanimous decisions in two federal habeas corpus cases involving state prisoners, including Beard v. Kindler, 558 U.S. -, 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009), a Pennsylvania capital case, which should significantly diminish the incentive for counsel to try to sow inconsistencies and confusion in state court procedural rulings, in an effort to lay the groundwork for a later federal habeas claim that state cou

2011As I explained in my recent concurrence in Commonwealth v. Paddy, 609 Pa. 272 , 15 A.3d 431 , 439 n. 1 (2011): Significantly, since Steele was decided, the U.S. Supreme Court has issued unanimous decisions in two federal habeas corpus cases involving state prisoners, including Beard v. Kindler, 558 U.S. -, 130 S.Ct. 612 , 175 L.Ed.2d 417 (2009), a Pennsylvania capital case, which should significantly diminish the incentive for counsel to try to sow inconsistencies and confusion in state court procedural rulings, in an effort to lay the groundwork for a later federal habeas claim that state cou

12011–2011
Picard v. Connor green
scotus · 1971
2 sentences

2009Picard v. Connor, 404 U.S. 270, 275 , 92 S.Ct. 509 , 30 L.Ed.2d 438 (1971).

2009Picard v. Connor, 404 U.S. 270, 275 , 92 S.Ct. 509 , 30 L.Ed.2d 438 (1971).

12009–2009
Banks v. Horn green
ca3 · 1997
2 sentences

2000Id. at 520 (citing 42 Pa.C.S.A. § 9543(a)(2)(f), (ii) and (vi)).

2000The court, therefore, rejected Appellant’s assertion of the futility exception to the rule of comity, stating: “[Ujnless a state court decision exists indicating that a habeas petitioner is clearly precluded from state court relief, the federal habeas claim should be dismissed for non-exhaustion, even if it appears unlikely that the state will address the merits of the petitioner’s claim.” Id. at 519 (citing Banks v. Horn, 126 F.3d 206 (3d Cir.1997)). ¶ 14 The court of appeals further discussed Appellant’s options under Pennsylvania law to qualify for relief under the PCRA.

12000–2000
O'Dell v. Netherland green
scotus · 1997
2 sentences

1997Recently, the Supreme Court addressed the retroactivity of Simmons in the context of a federal habeas claim and concluded that, because Simmons announced a new rule, it is “inapplicable to an already final death sentence.” O’Dell v. Netherlands — U.S. -, -, 117 S.Ct. 1969, 1971 , 138 L.Ed.2d 351 (1997).

1997Recently, the Supreme Court addressed the retroactivity of Simmons in the context of a federal habeas claim and concluded that, because Simmons announced a new rule, it is “inapplicable to an already final death sentence.” O’Dell v. Netherlands — U.S. -, -, 117 S.Ct. 1969, 1971 , 138 L.Ed.2d 351 (1997).

11997–1997

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (5) PA § 42 Pa. Cons. Stat. § 9541 (4) PA § 42 Pa. Cons. Stat. § 9544 (4) PA § 42 Pa. Cons. Stat. § 9711 (4) USC § 28u.s.c.2254 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 12 (1985–2015) PA 8 (1997–2017) IA 5 (2015–2020) KS 3 (1997–2026) OH 2 (2006–2017) IL 2 (2011–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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