Is a state's failure to make a federal habeas claim barred in federal court by procedural default?
MultiRegion, United States of America
The following excerpt is from Jones v. Ingle, 39 F.3d 1187 (9th Cir. 1994):
Whether a habeas petitioner's claims are barred in federal court by state procedural default is a question of law reviewed de novo. Howard v. Lewis, 905 F.2d 1318, 1322 (9th Cir.1990).
When a state prisoner defaults on his federal claims in state court pursuant to an independent and adequate state procedural rule, federal habeas review of the claims is barred unless the prisoner can demonstrate cause and prejudice. Coleman v. Thompson, 501 U.S. 722 (1991).
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