What is the standard for an excuse of failure to raise a constitutional objection?
MultiRegion, United States of America
The following excerpt is from Harris v. Vasquez, 943 F.2d 930 (9th Cir. 1991):
The standard already in existence was that an excuse of failure to raise a constitutional objection required a showing by the petitioner of both cause for the failure and prejudice resulting therefrom. Wainwright v. Sykes, 433 U.S. 72, 87-88, 97 S.Ct. 2497, 2506-07, 53 L.Ed.2d 594 (1977).
Page 971
"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
Can a defendant waive any objection to three instances of prosecutorial misconduct due to his failure to raise objections at trial? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
Does Defendant's failure to raise this objection below constitute a waiver of the right to appeal? (MultiRegion, United States of America)
Does the failure to appoint an expert in a medical malpractice case constitute a constitutional violation? (MultiRegion, United States of America)
Does a failure to raise an issue on appeal constitute a waiver of that issue? (MultiRegion, United States of America)
Does the taking of objects discovered in a private search constitute a reasonable seizure under the fourth amendment standard? (MultiRegion, United States of America)
Does the failure to object to the trial court's instruction to make a special finding of intent to kill constitute an exercise of reasonable professional judgment? (MultiRegion, United States of America)
Where a group alleged to constitute a conspiracy engages in constitutionally protected activity, does the standard of review apply? (MultiRegion, United States of America)
Does a court's admission in evidence over objection of certain objects seized from his home after he had been taken to and detained at the police station constitute a violation of his Fourteenth Amendment rights? (MultiRegion, United States of America)
Does the failure to raise a meritless defense constitute ineffective assistance? (MultiRegion, United States of America)
