keeney argued january decided may collateral state proceedings respondent cuban immigrant little education almost knowledge english alleged inter alia plea nolo contendere manslaughter knowing intelligent therefore invalid translator translated accurately completely mens rea element crime question state dismissed petition hearing oregon appeals affirmed state denied review federal district denied respondent habeas corpus relief however appeals held entitled federal evidentiary hearing question whether mens rea element crime properly explained since record disclosed material facts concerning translation adequately developed state hearing see townsend sain since postconviction counsel negligent failure develop facts constitute deliberate bypass orderly procedure state courts see fay noia held standard rather fay deliberate bypass standard correct standard excusing habeas petitioner failure develop material fact state proceedings townsend holding fay standard applicable case like must overruled light recent decisions involving like fay state procedural default rejected deliberate bypass standard favor standard cause prejudice see wainwright sykes coleman thompson irrational distinguish failing properly assert federal claim state failing state properly develop claim apply latter remnant decision longer upheld regard former moreover concerns finality comity judicial economy channeling resolution claims appropriate forum motivated rejection fay standard state procedural default cases equally applicable case finally applying standard also advances uniformity habeas corpus law thus respondent entitled federal evidentiary hearing show cause failure develop facts state proceedings actual prejudice resulting failure show fundamental miscarriage justice result failure hold hearing see mccleskey zant pp reversed remanded white delivered opinion rehnquist scalia souter thomas joined filed dissenting opinion blackmun stevens kennedy joined post kennedy filed dissenting opinion post jack landau deputy attorney general oregon argued cause petitioner briefs charles crookham attorney general dave frohnmayer former attorney general virginia linder solicitor general brenda peterson rives kistler assistant attorneys general steven wax argued cause filed brief respondent briefs amici curiae urging reversal filed state california et al daniel lungren attorney general california george williamson chief assistant attorney general john sugiyama senior assistant attorney general dane gillette joan killeen haller deputy attorneys general attorneys general respective follows james evans alabama grant woods arizona larry echohawk idaho marc racicot montana frankie sue del papa nevada robert del tufo new jersey lacy thornburg north carolina ernest preate pennsylvania charles burson tennessee kenneth eikenberry washington criminal justice legal foundation kent scheidegger justice white delivered opinion respondent cuban immigrant little education almost knowledge english charged murder arising stabbing death man allegedly attempted intervene confrontation respondent girlfriend bar respondent provided defense attorney interpreter attorney recommended respondent plead nolo contendere manslaughter respondent signed plea form explained english rights waiving entering plea state held plea hearing petitioner represented counsel interpreter judge asked attorney interpreter explained respondent rights plea form consequences plea responded affirmative judge explained respondent english rights waive plea asked interpreter translate respondent indicated understood rights still wished plead nolo contendere judge accepted plea later respondent brought collateral attack plea state proceeding alleged plea knowing intelligent therefore invalid translator translated accurately completely mens rea element manslaughter also contended understand purposes plea form plea hearing contended know pleading contest manslaughter rather thought agreeing tried manslaughter hearing state dismissed respondent petition finding respondent properly served trial interpreter interpreter correctly fully accurately translated communications respondent attorney app state appeals affirmed state denied review respondent entered federal district seeking writ habeas corpus respondent contended material facts concerning translation adequately developed state hearing implicating fifth circumstance townsend sain sought federal evidentiary hearing whether nolo contendere plea unconstitutional district found failure develop critical facts relevant federal claim attributable inexcusable neglect evidentiary hearing required app pet cert respondent appealed appeals ninth circuit recognized alleged failure translate mens rea element manslaughter proved basis overturning respondent plea determined material facts adequately developed state postconviction apparently due negligence postconviction counsel held townsend sain supra fay noia required evidentiary hearing district unless respondent deliberately bypassed orderly procedure state courts counsel negligent failure develop facts constitute deliberate bypass appeals ruled respondent entitled evidentiary hearing question whether mens rea element manslaughter properly explained granted certiorari decide whether deliberate bypass standard correct standard excusing habeas petitioner failure develop material fact state proceedings reverse holding townsend sain fay noia deliberate bypass standard applicable case like reversed quite understandable appeals applied standard case however light recent decisions townsend holding respect must overruled fay noia case habeas petitioner taken advantage state remedies failing appeal procedural default case since time however rejected deliberate bypass standard state procedural default cases applied instead standard cause prejudice francis henderson acknowledged federal power entertain application habeas even claim procedurally waived state proceedings nonetheless examined appropriateness exercise power recognized fay considerations comity concerns orderly administration criminal justice may circumstances require federal forgo exercise habeas corpus power held federal habeas petitioner required show cause procedural default well actual prejudice wainwright sykes rejected application fay standard knowing waiver deliberate bypass excuse petitioner failure comply state contemporaneous objection rule stating state rule deserved respect fay standard accorded observed procedural rules contribute state trial proceedings thoroughly desirable applied standard petitioner failure object trial limited fay facts consistently reaffirmed standard embodies correct accommodation competing concerns implicated federal habeas power reed ross engle isaac mccleskey zant held standard used excuse state procedural defaults applied habeas corpus cases abuse writ claimed government conclusion rested fact two doctrines similar purpose design implicate similar concerns writ strikes finality state criminal conviction matter particular importance federal system citing murray carrier federal habeas litigation also places heavy burden scarce judicial resources may give litigants incentives withhold claims manipulative purposes may create disincentives present claims evidence fresh see also reed ross supra wainwright supra addressing issue state procedural default coleman thompson described fay based conception relations undervalued importance state procedural rules went hold standard applicable failure raise particular claim apply well failure appeal ibid state interests channeling resolution claims appropriate forum finality opportunity correct errors implicated whether prisoner defaults one claim therefore applied standard uniformly state procedural defaults eliminating irrational distinction fay subsequent cases light decisions similarly irrational distinguish failing properly assert federal claim state failing state properly develop claim apply latter remnant decision longer upheld regard former concerns motivated rejection deliberate bypass standard wainwright coleman cases equally applicable case cases state procedural default application standard excuse state prisoner failure develop material facts state appropriately accommodate concerns finality comity judicial economy channeling resolution claims appropriate forum applying standard cases like obviously contribute finality convictions requiring federal evidentiary hearing solely basis habeas petitioner negligent failure develop facts proceedings dramatically increases opportunities relitigate conviction similarly encouraging full factual development state claim state courts committed constitutional error advances comity allowing coordinate jurisdiction correct errors first instance reduces inevitable friction results federal habeas overturn either factual legal conclusions reached state system sumner mata also ensuring full factual development takes place earlier state proceedings standard plainly serves interest judicial economy hardly good use scarce judicial resources duplicate factfinding federal merely petitioner negligently failed take advantage opportunities state proceedings furthermore ensuring full factual development claim takes place state channels resolution claim appropriate forum state appropriate forum resolution factual issues first instance creating incentives deferral factfinding later federal proceedings degrade accuracy efficiency judicial proceedings fully consistent gives meaning requirement exhaustion long held state prisoners must exhaust state remedies obtaining federal habeas relief ex parte royall requirement state prisoners exhaust state remedies writ habeas corpus granted federal incorporated federal habeas statute exhaustion means notice requiring exhaustion federal claim state congress surely meant exhaustion serious meaningful purpose exhaustion create procedural hurdle path federal habeas channel claims appropriate forum meritorious claims may vindicated unfounded litigation obviated resort federal comity concerns dictate requirement exhaustion satisfied mere statement federal claim state state must afford petitioner full fair hearing federal claim must petitioner afford state full fair opportunity address resolve claim merits cf picard connor finally worth noting applying standard case also advances uniformity law habeas corpus good reason maintain one area habeas law standard rejected area principally enunciated little said holding habeas petitioner one standard failing bring claim state excusing petitioner another lower standard failing develop factual basis claim forum different rule mean habeas petitioner excused negligent failure object introduction prosecution evidence nonetheless excused negligent failure introduce evidence support constitutional claim respondent entitled evidentiary hearing show cause failure develop facts state proceedings actual prejudice resulting failure also adopt narrow exception requirement habeas petitioner failure develop claim state proceedings excused hearing mandated show fundamental miscarriage justice result failure hold federal evidentiary hearing cf mccleskey zant murray carrier state concedes remand district appropriate order afford respondent opportunity bring forward evidence establishing cause prejudice brief petitioner agree respondent opportunity accordingly decision appeals reversed cause remanded district proceedings consistent opinion ordered footnotes justice asserts townsend sain insofar relevant case merely reflected existing law claim thus seems general rule stated townsend governing evidentiary hearing must granted federal habeas corpus petitioner well six criteria particularizing general pronouncement reflected found prior holdings doubtful claim surely time think case pointedly observed prior cases settled aspects hearing problem habeas proceedings lower federal courts reached widely divergent irreconcilable results dealing hearing issues hence deemed advisable give guidance lower courts also expressly stated rules announcing must considered supersede extent inconsistencies opinions brown allen necessary brown inconsistent holding townsend regarding habeas petitioners failed adequately develop federal claims state proceedings see brown allen federal may deny writ without rehearing facts legality detention determined facts presented state emphasis added writ refused without federal satisfied record state process given fair consideration issues offered evidence emphasis added unequivocally acknowledged townsend substantially changed availability evidentiary hearings federal habeas proceedings see smith yeager per curiam surprising none cases cited justice remotely support townsend requirement hearing case material facts adequately developed state hearing due petitioner neglect finally undeniable fay noia deliberate bypass standard overruled prior procedural default cases less true townsend adoption standard definition inexcusable neglect made new law justice puts aside overruling fay noia standard procedural default cases ground cases standard acceptable precondition reaching merits habeas petitioner claim insists applying standard cases petitioner defaulted development claim subject characterization reasons stated text disagree moreover justice position considerably weakened concession standard properly applied factually undeveloped claim exhausted first asserted federally second later habeas petition contrary justice view post think clear townsend thought standard used deny hearing procedural default case used deny hearing cases described fifth circumstance difficult conceive reason borrowing deliberate bypass standard fay noia particularly dissent seems say post townsend relied repeat analysis found fay noia yet dissent insists rejection fay noia analysis later cases impact case us application writ habeas corpus shall granted unless appears applicant exhausted remedies available courts state asserted justice adopting congress assumed continuing validity aspects townsend including requirement hearing fifth circumstance cases absent deliberate bypass several reasons disagree first evident codify townsend specifications hearing required townsend described categories cases evidentiary hearings required section however purport govern question hearings required rather lists exceptions normal presumption correctness findings deals burden proof hearings held two issues distinct statute indicates assumption presence absence statutory exceptions determine whether hearing held second extent even considered issue default congress sensibly read townsend holding federal habeas corpus standard cases default townsend fifth circumstance cases procedural default third mention recognize exception inexcusable neglect let alone reflect specific standard deliberate bypass face silence assumed judicially created standard equitable default must deliberate bypass standard borrowed townsend decision since repudiated agree justice holding claim invoking fifth circumstance townsend unavailing cause asserted attorney error murray carrier coleman thompson dictate much intended effect cases make circumstance dead letter cause may shown reasons attorney error noted murray procedural default case objective factors external defense may impede counsel efforts comply went say without attempting exhaustive catalog objective impediments compliance procedural rule note showing factual legal basis claim reasonably available counsel see reed ross interference officials brown allen made compliance impracticable constitute cause standard much may said cases petitioner defaulted development claim extent relevant decision case justice argument many forms cause fall townsend circumstances persuasive example third sixth circumstances townsend speak denial full fair hearing however situation facts inadequately developed interference officials fall naturally fifth circumstance justice justice blackmun justice stevens justice kennedy join dissenting guise overruling remnant decision ante achieving uniformity law ante changed law habeas corpus fundamental way effectively overruling cases decided long townsend sain think change supported line recent procedural default cases upon relies view balance state federal interests regarding whether federal consider claim raised habeas simply lifted transposed different question whether consider claim hold evidentiary hearing moreover think decision reconciled statute congress enacted three years townsend jose habeas petition stated speak english pleaded nolo contendere manslaughter without understanding manslaughter means app assertion true conviction unconstitutionally obtained see henderson morgan entitled writ habeas corpus despite attempt characterize allegation technical quibble translator translated accurately completely mens rea element manslaughter ante much dispute alleged fact true entitle relief seeks initially properly challenged voluntariness plea petition postconviction relief state held hearing found etitioner plea guilty knowingly voluntarily entered app yet record postconviction hearing hardly inspires confidence accuracy determination witness testify attorney ask whether interpreter translated manslaughter counsel instead introduced deposition testimony interpreter admitted translated manslaughter less murder witnesses capable assessing interpreter performance called attorney instead tried direct attention various sections interpreter deposition attempted point interpreter erred prosecutor objected discussion ground counsel qualified expert witness presentation issue quickly disintegrated state relevant evidence determined actually understood charge pleading contrary impression conveyed opinion question whether federal defer sort dubious factfinding addressing habeas corpus petition one long history behind history begin townsend sain ii availability scope habeas corpus changed writ long history one thing remained constant habeas corpus appellate proceeding rather original civil action federal see browder director dept corrections settled hundred years ago prosecution criminal defendant criminal prosecution writ habeas corpus proceeding prosecution contrary new suit brought enforce civil right ex parte tom tong possible doubt point removed statutory procedure congress provided disposition habeas corpus petitions procedure including nonappellate functions allegation facts taking depositions propounding interrogatories introduction documentary evidence course determination facts evidentiary hearings sure habeas corpus peculiar set hurdles petitioner must clear claim properly presented district petitioner must general exhaust available state remedies avoid procedural default coleman thompson abuse writ mccleskey zant seek retroactive application new rule law teague lane much history hurdles even higher see ex parte watkins pet habeas corpus available challenge jurisdiction trial surmounted claim properly district habeas petitioner like civil litigant right hearing one necessary prove facts supporting claim see hawk olson holiday johnston walker johnston moore dempsey thus observed townsend sain opportunity redress presupposes opportunity heard argue present evidence saying nothing new merely restating long understanding method contested factual issues raised habeas resolved habeas corpus always differed ordinary civil litigation however one important respect doctrine res judicata never thought apply see brown allen darr burford waley johnston salinger loisel state prisoner precluded raising federal claim habeas already rejected state courts say state factfinding entitled weight every state prisoner opportunity relitigate facts found state courts concerns federalism comity pushed us extreme importance writ repelled us opposite extreme represented strict application res judicata instead consistently occupied middle ground even townsend federal courts deferred state findings fact federal district judge satisfied state fairly considered issues evidence reached satisfactory result see brown supra frank mangum case federal entertaining habeas petition examine facts anew see ex parte hawk moore supra hawk example stated state prisoner entitled hearing resort state remedies failed afford full fair adjudication federal contentions raised particular case remedy afforded state law proves practice unavailable seriously inadequate brown explained hearing may dispensed record application affords adequate opportunity weigh sufficiency allegations evidence unusual circumstances calling hearing presented townsend launch new directions weisselberg evidentiary hearings federal habeas corpus cases clarified district measure adequacy state proceeding townsend specified six circumstances one confident state trier fact full hearing reliably found relevant facts held habeas petitioner entitled evidentiary hearing factual allegations merits factual dispute resolved state hearing state factual determination fairly supported record whole factfinding procedure employed state adequate afford full fair hearing substantial allegation newly discovered evidence material facts adequately developed state hearing reason appears state trier fact afford habeas applicant full fair fact hearing ibid expressed concern townsend petitioner might abuse fifth circumstance described opinion deliberately withholding evidence state factfinder hope finding receptive forum federal discourage sort disrespect state proceedings held petitioner entitled hearing ibid townsend opinion need address concern much detail similar issue discussed greater length another case decided day fay noia townsend opinion thus merely referred reader discussion fay similar exception held bar state prisoner habeas relief prisoner intentionally committed procedural default state see townsend supra nearly years later implies fay townsend must stand fall together ante townsend suggest issues townsend fay identical similar logic required identical answer townsend purport rely fay authority merely referred fay discussion shorthand device avoid repeating similar analysis indeed reliance fay authority unnecessary townsend essentially elaboration prior cases regarding holding hearings federal habeas cases fay represented overruling prior cases regarding procedural defaults see coleman thompson wainwright sykes recognizes ante applied townsend analysis ever since see vasquez hillery cuyler sullivan jackson virginia lavallee delle rose boyd dutton procunier atchley view unjustifiably clinging poorly reasoned precedent properly abandoned fay inconsistent prior cases represented balance state federal interests said townsend today holds even reliability state factfinding doubtful crucial evidence presented state trier fact habeas petitioner ordinarily entitled opportunity prove facts necessary claim holding course directly overrules portion townsend think departs significantly law habeas corpus even townsend habeas petitioner claim properly federal accurate resolution claim depended proof facts resolved petitioner unreliable state proceeding petitioner entitled day federal justice holmes wrote case state courts rejected somewhat suspicious circumstances petitioner allegation trial dominated angry mob seem us sufficient allow judge escape duty examining facts true alleged make trial absolutely void moore class petitioners eligible present claims habeas may narrower days gone class claims one might present may smaller claim properly right hearing construed narrowly construes today instead looking history right evidentiary hearing simply borrows cause prejudice standard series recent habeas corpus cases ante one cases address question habeas claim properly federal despite petitioner procedural default see coleman thompson supra murray carrier reed ross engle isaac wainwright sykes supra francis henderson remaining case addresses issue petitioner abuse writ see mccleskey zant cases concern question whether federal consider merits claim whether authority upset judgment affirmed direct appeal far threshold inquiry concerned respect state procedural rules need discourage abuse writ provide justification cause prejudice standard said former context great writ imposes special costs federal system possess primary authority defining enforcing criminal law criminal trials also hold initial responsibility vindicating constitutional rights federal intrusions state criminal trials frustrate sovereign power punish offenders good faith attempts honor constitutional rights engle supra question considering quite different federal district already determined consider claimed constitutional violation question go comes determining whether hearing held resolve claim already properly federal federalism concerns underlying procedural default cases diminished somewhat point concern less encroaching territory state courts managing territory federal courts manner best implement responsibility consider habeas petitions adoption cause prejudice standard resolve first concern cause us reflexively adopt standard resolve second federalism comity finality advanced declining permit relitigation claims federal certain circumstances interests less significantly advanced relitigation properly occurs permitting district courts resolve claims based incomplete record iii decision today reconciled subsection congress enacted three years decided townsend subsection provides state factfinding shall presumed correct unless applicant shall establish one eight listed circumstances circumstances taken word word townsend including one issue renders presumption correctness inapplicable material facts adequately developed state hearing effect presumption augment habeas petitioner burden proof state factfinding presumed correct petitioner must establish state error convincing evidence state factfinding presumed correct petitioner must prove facts necessary support claim preponderance evidence sumner mata section strict sense codification holding townsend listed circumstances townsend hearing must held nearly identical listed circumstances facts found state presumed correct two obviously intertwined habeas petitioner fulfills one townsend requirements entitled hearing virtue fulfilling townsend requirement necessarily also fulfilled one requirements hearing presumption correctness apply hand petitioner fulfilled one townsend requirements generally fulfilled corresponding requirement either entitled neither hearing exception presumption correctness townsend work hand hand petitioner right hearing must prove facts preponderance evidence right hearing must prove facts higher standard convincing evidence without opportunity hearing safe assume higher standard unattainable petitioners see yackle postconviction remedies enacting statute closely parallels townsend congress established procedural framework relies upon townsend continuing validity general therefore overruling townsend frustrate evident intent congress question hearing held governed standards question federal defer state factfinding particular adoption cause prejudice standard determining whether material facts adequately developed state proceedings frustrate congress intent respect townsend circumstance statutory analog case fit within townsend circumstance none townsend circumstances case likely like one material facts developed attorney error reason material facts might developed unknown time state denied full fair opportunity develop almost certainly covered one townsend circumstances see townsend already held attorney error short constitutionally ineffective assistance counsel amount cause see murray carrier result practical effect ruling today case fall within townsend fifth circumstance petitioner entitled hearing ground material facts adequately developed state ground petitioner attorney must rendered constitutionally ineffective assistance presenting facts state factfinder effect little ironic state factfinding occurs trial counsel ineffectiveness entitle petitioner hearing entitle petitioner new trial case state factfinding occurs postconviction proceeding petitioner constitutional right effective assistance counsel counsel poor performance never constitute cause cause prejudice standard coleman thompson today decision petitioners entitled hearing townsend fifth circumstance people need one already obtained new trial already entitled hearing one circumstances thus rendered unusable portion townsend requiring hearings material facts adequately developed state noted fact uses language identical language used townsend strongly suggests congress presumed continued existence portion townsend moreover application cause prejudice standard creates conundrum regarding interpret cause prejudice standard applies well townsend fifth circumstance rendered superfluous reason part townsend become superfluous may deprive portions prior decisions effect generally may course portions statutes hand cause prejudice standard apply uncoupled statute case intended follow likely instances petitioner entitled exception presumption correctness entitled hearing result accord evident intent congress first inquiry track second reconciliation two questions left district courts still possess discretion removed today opinion hold hearings even mandatory see townsend supra reasons think presumes continuing validity decision townsend including portion decision recognized deliberate bypass exception petitioner right hearing material facts adequately developed state jose alleges pleaded nolo contendere crime understand exhausted state remedies committed procedural default properly presented claim federal district first petition writ habeas corpus entitled hearing standard set forth townsend given claim properly district cut right prove claim hearing respectfully dissent justice kennedy dissenting definition cases within ambit holding confined factual record developed state proceedings inadequate resolve legal question think cases number townsend sain law almost years clear evidence particular classification habeas proceedings burdened dockets federal courts view concept factual inadequacy comprehends petitions respect realistic possibility evidentiary hearing make difference outcome serves narrow number cases respect insure ones justice points valid concerns constitutional error recent decisions coleman thompson mccleskey zant teague lane serve protect integrity writ curbing abuse ensuring legal questions presented ones resolved state invalidate final judgment consider today habeas actions present questions federal courts bound decide order protect constitutional rights take steps diminish likelihood courts base legal decision accurate assessment facts reasons set forth justice dissent opinion judgment