Legal Opinion
Robert Breest v. Everett I. Perrin, Jr., Warden, New Hampshire State Prison, Frederick J. Martineau v. Richard T. McCarthy Etc.
Court of Appeals for the First Circuit
Decided July 1, 1981No. 80-1635, 80-1639PublishedCited by 24 opinions
1Opinion of the Court
COFFIN, Chief Judge.
The question is whether the district court correctly refused to hear the merits of these petitioners’ habeas corpus claims because they had not shown “cause” within the meaning of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), for failing to comply with a New Hampshire court’s proper application of its contemporaneous objection rule.
I
Petitioner Breest was convicted of first degree murder and sentenced to life imprisonment in New Hampshire in 1973. His conviction and sentence were affirmed on appeal. State v. Breest, 116 N.H. 734, 367 A.2d 1320…
2Cases cited41 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Wainwright v. SykesSupreme Court of the United States · 1977
- Stone v. PowellSupreme Court of the United States · 1976
- Fay v. NoiaSupreme Court of the United States · 1963
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
36 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States ex rel. Caruso v. ZelinskyCourt of Appeals for the Third Circuit · 1982
- Simpson v. MatesanzCourt of Appeals for the First Circuit · 1999
- James Lee Spencer v. Walter D. Zant, Superintendent, Georgia Diagnostic & Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Marvin Francois v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1984
- Paul A. Zeigler v. William T. CallahanCourt of Appeals for the First Circuit · 1981
19 more not listed; retrieve them via the Exa API.