What is the test for avoiding procedural default in a habeas petition?

MultiRegion, United States of America

The following excerpt is from Peterson v. Lampert, 319 F.3d 1153 (9th Cir. 2003):

court and the federal claim made in the habeas petition does not suffice to avoid procedural default. Hiivala v. Wood, 195 F.3d 1098, 1106 (9th Cir.1999).

Other Questions


Can a claim in a federal habeas petition be procedurally defaulted? (MultiRegion, United States of America)
In what circumstances will a district court dismiss a petition for writ of habeas corpus on grounds of procedural default? (MultiRegion, United States of America)
Can a petitioner whose petition for habeas corpus is procedurally barred obtain consideration of the merits of his petition if he can establish that he is innocent? (MultiRegion, United States of America)
What are the implications of a district court's dismissal of a petition for writ of habeas corpus on the grounds of procedural default? (MultiRegion, United States of America)
What is the test to overcome a state procedural bar on a habeas petition? (MultiRegion, United States of America)
Can a Federal Habeas Corpus Petitions Petitions be brought before the Court? (MultiRegion, United States of America)
Can a lower court avoid a decision on the merits of a habeas petition because of technicality? (MultiRegion, United States of America)
Is a state's failure to make a federal habeas claim barred in federal court by procedural default? (MultiRegion, United States of America)
Can a habeas petition be dismissed for abuse of the writ if it asserts that the petitioner can have raised the same claim in the previous petition? (MultiRegion, United States of America)
What is the test for defaulting a habeas petition? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.