Branden Clark v. Leann Bertsch

MELLOY, Circuit Judge.

Branden Clark appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The specific issue before our court is whether a state appellate court’s plain-error review of an unpreserved and otherwise procedurally defaulted claim “cures” the default and opens the door for federal collateral review. Panel opinions in our circuit are divided on this issue, and we take this opportunity to retire this intra.circuit split. Following the earliest panel opinion, as required by the rule announced in Mader v. United States, 654 F.3d 794, 800 (8th Cir.2011) (en banc), we…