Legal Opinion

Davila v. Davis

Supreme Court of the United States

Decided June 26, 2017No. 16–6219PublishedCited by 1,307 opinions

1Opinion of the CourtJustice Thomas

Federal habeas courts reviewing convictions from state courts will not consider claims that a state court refused to hear based on an adequate and independent state procedural ground. A state prisoner may be able to overcome this bar, however, if he can establish "cause" to excuse the procedural default and demonstrate that he suffered actual prejudice from the alleged error. An attorney error does not qualify as "cause" to excuse a procedural default unless the error amounted to constitutionally ineffective assistance of counsel. Because a prisoner does not have a constitutional right to…

Also in this document: Dissent.

2Cases cited38 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. Harrington v. RichterSupreme Court of the United States · 2011
  5. Coleman v. ThompsonSupreme Court of the United States · 1991

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3Cited by1,307 opinions

  1. Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021
  2. Grant v. RoyalCourt of Appeals for the Tenth Circuit · 2018
  3. Douglas Hicks v. Randall HeppCourt of Appeals for the Seventh Circuit · 2017
  4. Jeffrey Workman v. Superintendent Albion SCICourt of Appeals for the Third Circuit · 2019
  5. Christopher Moody v. United StatesCourt of Appeals for the Sixth Circuit · 2020

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