Legal Opinion

Trest v. Cain

Supreme Court of the United States

Decided December 9, 1997No. 96-7901PublishedCited by 355 opinions

1Opinion of the CourtJustice Breyer

The petitioner in this case, Richard Trest, seeks a writ of habeas corpus, which would vacate a long sentence that he is serving in a Louisiana prison for armed robbery. The District Court refused to issue the writ. Trest appealed to the Court of Appeals for the Fifth Circuit, which ruled against him on the ground of “procedural default.” Trest v. Whitley, 94 F. 3d 1005, 1007 (1996). The Fifth Circuit believed that Trest had failed to raise his federal claims on time in state court, that a state court would now refuse to consider his claims for that reason, and that this state procedural…

2Cases cited11 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Rose v. LundySupreme Court of the United States · 1982
  4. Gray v. NetherlandSupreme Court of the United States · 1996
  5. Jenkins v. AndersonSupreme Court of the United States · 1980

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3Cited by355 opinions

  1. Day v. McDonoughSupreme Court of the United States · 2006
  2. Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
  3. James Perruquet v. Kenneth R. BrileyCourt of Appeals for the Seventh Circuit · 2004
  4. Peter Lewis v. Jerry SternesCourt of Appeals for the Seventh Circuit · 2004
  5. Willie Williams, Jr. v. Margaret Bagley, WardenCourt of Appeals for the Sixth Circuit · 2004

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