Does the procedural default rule "at the time of the claim should have been raised"?
MultiRegion, United States of America
The following excerpt is from Hayes v. Tilton, Civil No. 07cv533 AJB(WVG) (S.D. Cal. 2011):
whether the state courts were regularly and consistently applying the relevant procedural default rule "at the time the claim should have been raised." Fields v. Calderon, 125 F.3d 757, 760 (9th Cir. 1997).
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