Topic: the 'cause' excusing the procedural default must result fro… · Go Syfert
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Topic #39499

2 canonical passages across 2 cases, quoted by 8 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 Henry Lee McCoy v. Lansom Newsome, Warden.

#Case FlagCanonical passage Citers
1 Henry Lee McCoy v. Lansom Newsome, Warden Anchor
ca11 · 1992
green “the 'cause' excusing the procedural default must result from some objective factor external to the defense that prevented the prisoner from raising the claim and which cannot be fairly attributable to his own conduct.” 4
2 United States v. Gregory Bane
ca11 · 2020
green “in contrast, a claim is not novel when counsel made a conscious choice not to pursue the claim on direct appeal because of perceived futility, or when the building blocks of the claim were available to counsel.” 4

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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