Can a procedural default rule prevent a plaintiff from bringing a claim on the merits of the claim?
MultiRegion, United States of America
The following excerpt is from Henry v. Ryan, D.C. No. 2:02-CV-00656-SRB, No. 09-99007 (9th Cir. 2013):
The parties disagree about whether the procedural default rule bars this claim. We need not reach this issue, however, because the merits of the claim have been fully briefed, and the district court assumed that it was not barred and reached the merits of the claim. We therefore exercise our discretion to deny the claim on the merits as permitted by 28 U.S.C. 2254(b)(2). See Runningeagle v. Ryan, 686 F.3d 758, 777 n.10 (9th Cir. 2012).
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