Topic: where, as here, the state court did not assess the merits o… · Go Syfert
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Topic #26302

2 canonical passages across 2 cases, quoted by 15 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 David Maples v. Jimmy Stegall.

#Case FlagCanonical passage Citers
1 David Maples v. Jimmy Stegall Anchor
ca6 · 2003
green “where, as here, the state court did not assess the merits of a claim properly raised in a habeas petition, the deference due under aedpa does not apply.” 9
2 Jerry McMeans v. Anthony J. Brigano, Warden,respondent-Appellee
ca6 · 2000
green “(1) reliance upon federal cases employing constitutional analysis; (2) reliance upon state cases employing federal constitutional analysis; (3) phrasing the claim in terms of constitutional law or in terms sufficiently particular to allege a denial of a specific constitutional r…” 6

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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