John Newman v. C. Murray Henderson, Warden, Louisiana State Penitentiary, Abraham Francis v. C. Murray Henderson, Warden, Louisiana State Penitentiary

DYER, Circuit Judge:

These consolidated appeals raise the question of whether a state prisoner may challenge the validity of his indictment in a federal habeas corpus proceeding when a state rule of procedure prohibits the issue from being untimely raised in state court. We adhere to the principle that a district court cannot disregard the operation of a state waiver rule, absent a showing of actual prejudice by the habeas petitioner. Because the relief granted by the district courts did not comport with this waiver-by-failure-to-object principle, the district courts’ writs must be vacated.

Newm…