Legal Opinion
Presnell v. Kemp
Court of Appeals for the Eleventh Circuit
Decided January 11, 1988No. 86-8369PublishedCited by 45 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
It is settled law that a state prisoner may not obtain federal habeas corpus relief on a claim that the state courts refused to hear because the petitioner did not raise his *1568claim seasonably at trial or on direct appeal from his conviction, unless the petitioner shows cause for not raising the claim and resulting prejudice. See Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977); Murray v. Carrier, 477 U.S. 478, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986). This case presents the question whether a petitioner may be barred from federal habeas corpus relief…
2Cases cited51 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Fay v. NoiaSupreme Court of the United States · 1963
46 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Bernard Bolender, A/K/A Bernard Bolander v. Harry K. Singletary, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994
- United States v. Edison JordanCourt of Appeals for the Eleventh Circuit · 1990
- Robert Prihoda v. Gary R. McCaughtry Warden, Waupun Correctional InstitutionCourt of Appeals for the Seventh Circuit · 1990
- William Kenny Stephens, Cross-Appellee v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988
- Brownlee v. StateCourt of Criminal Appeals of Alabama · 1995
40 more not listed; retrieve them via the Exa API.