Legal Opinion
Jerry Ward v. Charles L. Hinsley
Court of Appeals for the Seventh Circuit
Decided July 28, 2004No. 03-4342PublishedCited by 23 opinions
1Opinion of the Court
FLAUM, Chief Judge.
Petitioner-appellant Jerry Ward appeals from a judgment of the United States District Court for the Northern District of Illinois denying his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. His appeal presents the question of whether a federal habeas court may review procedurally defaulted claims of alleged structural errors when the petitioner has not argued that the procedural default is excused by cause and prejudice or that a fundamental miscarriage of justice will result if the claims are not addressed. We hold that a federal habeas court may not…
2Cases cited24 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Coleman v. ThompsonSupreme Court of the United States · 1991
- United States v. WadeSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Schlup v. DeloSupreme Court of the United States · 1995
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Owens v. United StatesCourt of Appeals for the First Circuit · 2007
- Joseph Ambrose v. Raymond BookerCourt of Appeals for the Sixth Circuit · 2012
- Ike Easley, Jr. v. Sheldon FreyCourt of Appeals for the Seventh Circuit · 2006
- Hunt v. HoustonCourt of Appeals for the Eighth Circuit · 2009
- Andrew Jackson v. Byran BartowCourt of Appeals for the Seventh Circuit · 2019
18 more not listed; retrieve them via the Exa API.