Topic: in order to establish cause for the default, petitioner mus… · Go Syfert
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Topic #19047

4 canonical passages across 3 cases, quoted by 21 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Thomas A. Magee v. Scott Harshbarger.

#Case FlagCanonical passage Citers
1 Thomas A. Magee v. Scott Harshbarger Anchor
ca1 · 1994
green “in order to establish cause for the default, petitioner must demonstrate 'that some objective factor external to the defense impeded defense counsel's efforts to comply with the state's procedural rule.” 6
2 Burks, Jr. v. Duboise
ca1 · 1995
green “create independent rights in habeas petitioners.” 5
3 Burks, Jr. v. Duboise
ca1 · 1995
green “even absent a showing of cause and prejudice, a federal court exercising its habeas powers should nonetheless overlook a procedural default and hear a barred constitutional claim on the merits if its failure to do so would result in a fundamental miscarriage of justice.” 5
4 Gunter v. Maloney
ca1 · 2002
green “create independent rights in habeas petitioners.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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