What is the state's burden of proving that it has an independent and adequate state procedural ground?
MultiRegion, United States of America
The following excerpt is from Baroudi v. Marshall, No. CIV S-09-1450 MCE JFM (HC) (E.D. Cal. 2012):
Once the state pleads the existence of an independent and adequate state procedural ground as an affirmative defense, the burden shifts to petitioner to place the adequacy of that procedural rule in issue, as "the scope of the state's burden of proof thereafter will be measured by the specific claims of inadequacy put forth by the petitioner." Bennett v. Mueller,
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