Does the contemporaneous objection rule apply when, notwithstanding procedural default, a higher state court has addressed the merits of the constitutional claim?
MultiRegion, United States of America
The following excerpt is from Huffman v. Ricketts, 750 F.2d 798 (9th Cir. 1984):
The contemporaneous objection rule does not apply when, notwithstanding procedural default, a higher state court has addressed the merits of a constitutional claim. Washington v. Watkins, 655 F.2d 1346, 1368, reh'g denied, 662 F.2d 1116 (5th Cir.1981).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How have federal courts interpreted the "last reasoned decision" by a state court addressing the merits of a claim? (MultiRegion, United States of America)
Does Atwood have to overcome procedural default and procedural failure to raise this claim to the state court? (MultiRegion, United States of America)
Is a state's failure to make a federal habeas claim barred in federal court by procedural default? (MultiRegion, United States of America)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
Can a federal court exercise jurisdiction over constitutional questions when the claim asserted is so attenuated and unsubstantial that the claim is absolutely devoid of merit? (MultiRegion, United States of America)
