The following excerpt is from Curry v. Wilson, 405 F.2d 110 (9th Cir. 1969):
The deliberate bypass rule allows a federal habeas court, in a proper case, to avoid subverting a state's efforts to assure orderly criminal procedures by giving the court "a limited discretion" to refuse to hear a federal claim which, because of a purposeful procedural default by the applicant, has been forfeited in the state courts. Thus, the offender is punished for his default, and others are deterred from similar defaults in the future. Fay v. Noia, supra, 372 U.S. at 431-434, 438-439, 83 S.Ct. 822, 9 L. Ed.2d 837.
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