murray
carrier
argued
january
decided
june
respondent
convicted
jury
virginia
state
rape
abduction
trial
judge
denied
respondent
counsel
pretrial
motion
discover
victim
statements
police
describing
assailants
vehicle
location
alleged
rape
without
consulting
respondent
counsel
filed
petition
appeal
failed
include
claim
trial
judge
erred
permitting
counsel
examine
victim
statements
notwithstanding
virginia
rule
providing
errors
assigned
petition
appeal
noticed
error
assigned
admitted
ground
reversal
virginia
refused
appeal
denied
certiorari
thereafter
respondent
filed
pro
se
state
habeas
corpus
petition
claiming
denied
due
process
law
prosecution
withholding
victim
statements
state
denied
petition
ground
claim
barred
respondent
failed
raise
appeal
virginia
denied
certiorari
respondent
filed
pro
se
habeas
petition
federal
district
also
held
discovery
claim
barred
procedural
default
appeal
respondent
disavowed
claim
ineffective
assistance
counsel
asserted
counsel
mistakenly
omitted
discovery
claim
state
petition
appeal
error
cause
default
appeals
reversed
holding
federal
habeas
petitioner
need
satisfy
district
procedural
default
resulted
attorney
ignorance
inadvertence
rather
deliberate
tactical
decision
accordingly
appeals
remanded
district
resolve
question
respondent
counsel
motivation
failing
appeal
discovery
claim
held
federal
habeas
petitioner
respondent
show
cause
procedural
default
establishing
competent
defense
counsel
failure
raise
substantive
claim
error
inadvertent
rather
deliberate
pp
mere
fact
counsel
failed
recognize
factual
legal
basis
claim
failed
raise
claim
despite
recognizing
constitute
cause
procedural
default
engle
isaac
question
cause
procedural
default
turn
whether
counsel
erred
kind
error
counsel
may
made
long
defendant
represented
counsel
whose
performance
constitutionally
ineffective
standard
established
strickland
washington
inequity
requiring
bear
risk
attorney
error
results
procedural
default
instead
existence
cause
procedural
default
must
ordinarily
turn
whether
prisoner
show
objective
factor
external
defense
impeded
counsel
efforts
comply
state
procedural
rule
ineffective
assistance
counsel
constitutes
cause
procedural
default
exhaustion
doctrine
generally
requires
ineffective
assistance
claim
presented
state
courts
independent
claim
may
used
establish
cause
procedural
default
federal
habeas
proceedings
pp
merit
respondent
argument
even
counsel
ignorance
inadvertence
constitute
cause
procedural
default
trial
constitute
cause
procedural
default
appeal
state
procedural
rules
serve
vital
purposes
appeal
well
trial
state
collateral
attack
standard
cause
vary
depending
timing
procedural
default
frustration
state
interests
occurs
appellate
procedural
rule
broken
significantly
diminished
counsel
breach
results
ignorance
inadvertence
rather
deliberate
decision
tactical
abstain
raising
claim
failure
raise
claim
appeal
reduces
finality
appellate
proceedings
deprives
appellate
opportunity
review
trial
error
undercuts
state
ability
enforce
procedural
rules
procedural
defaults
trial
costs
imposed
state
regardless
kind
attorney
error
led
procedural
default
whatever
may
case
counsel
failed
take
appeal
counsel
failure
raise
particular
claim
appeal
scrutinized
cause
prejudice
standard
failure
treated
procedural
default
state
courts
attorney
error
short
ineffective
assistance
counsel
constitute
cause
procedural
default
even
default
occurs
appeal
rather
trial
contrary
cause
procedural
default
appeal
ordinarily
requires
showing
external
impediment
preventing
counsel
constructing
raising
claim
pp
adherence
cause
prejudice
test
conjunctive
prevent
federal
habeas
corpus
courts
ensuring
fundamental
fairness
central
concern
writ
habeas
corpus
test
sound
workable
means
channeling
discretion
federal
habeas
courts
however
extraordinary
case
constitutional
violation
probably
resulted
conviction
one
actually
innocent
federal
habeas
may
grant
writ
even
absence
showing
cause
procedural
default
pp
respondent
never
alleged
external
impediment
might
prevented
counsel
raising
discovery
claim
state
petition
review
disavowed
claim
counsel
performance
appeal
deficient
make
ineffective
assistance
claim
accordingly
respondent
petition
federal
habeas
review
procedurally
defaulted
discovery
claim
must
dismissed
failure
establish
cause
default
unless
determined
remand
victim
statements
contain
material
establish
respondent
actual
innocence
delivered
opinion
burger
white
powell
rehnquist
joined
stevens
filed
opinion
concurring
judgment
blackmun
joined
post
brennan
filed
dissenting
opinion
marshall
joined
post
jerry
slonaker
senior
assistant
attorney
general
virginia
argued
cause
petitioner
briefs
william
broaddus
attorney
general
donald
curry
assistant
attorney
general
deputy
solicitor
general
frey
argued
cause
amicus
curiae
urging
reversal
brief
acting
solicitor
general
fried
assistant
attorney
general
trott
edwin
kneedler
kathleen
felton
sherman
cohn
appointment
argued
cause
respondent
brief
steven
goldblatt
briefs
amici
curiae
urging
reversal
filed
state
idaho
et
al
james
thomas
jones
attorney
general
idaho
lynn
thomas
solicitor
general
charles
graddick
attorney
general
alabama
harold
brown
attorney
general
alaska
robert
corbin
attorney
general
arizona
john
steven
clark
attorney
general
arkansas
duane
woodward
attorney
general
colorado
john
kelly
chief
state
attorney
connecticut
charles
oberly
attorney
general
delaware
michael
bowers
attorney
general
georgia
richard
opper
attorney
general
guam
corinne
watanabe
attorney
general
hawaii
neil
hartigan
attorney
general
illinois
linley
pearson
attorney
general
indiana
robert
stephan
attorney
general
kansas
david
armstrong
attorney
general
kentucky
william
guste
attorney
general
louisiana
stephen
sachs
attorney
general
maryland
francis
bellotti
attorney
general
massachusetts
frank
kelly
attorney
general
michigan
edwin
pittman
attorney
general
mississippi
william
webster
attorney
general
missouri
mike
greely
attorney
general
montana
robert
spire
attorney
general
nebraska
brian
mckay
attorney
general
nevada
stephen
merrill
attorney
general
new
hampshire
irwin
kimmelman
attorney
general
new
jersey
paul
bardacke
attorney
general
new
mexico
lacy
thornburg
attorney
general
north
carolina
nicholas
spaeth
attorney
general
north
dakota
anthony
celebrezze
attorney
general
ohio
michael
turpen
attorney
general
oklahoma
leroy
zimmerman
attorney
general
pennsylvania
hector
rivera
cruz
attorney
general
puerto
rico
arlene
violet
attorney
general
rhode
island
travis
medlock
attorney
general
south
carolina
mark
meierhenry
attorney
general
south
dakota
michael
cody
attorney
general
tennessee
jim
mattox
attorney
general
texas
david
wilkinson
attorney
general
utah
jeffrey
amestoy
attorney
general
vermont
victor
schneider
acting
attorney
general
virgin
islands
william
broaddus
attorney
general
virginia
kenneth
eikenberry
attorney
general
washington
charlie
brown
attorney
general
west
virginia
bronson
la
follette
attorney
general
wisconsin
archie
mcclintock
attorney
general
wyoming
state
florida
jim
smith
attorney
general
raymond
marky
gregory
costas
assistant
attorney
general
legal
foundation
america
et
al
susan
crump
david
crump
james
manak
larry
yackle
charles
sims
burt
neuborne
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
affirmance
justice
delivered
opinion
granted
certiorari
case
consider
whether
federal
habeas
petitioner
show
cause
procedural
default
establishing
competent
defense
counsel
inadvertently
failed
raise
substantive
claim
error
rather
deliberately
withholding
tactical
reasons
respondent
clifford
carrier
convicted
rape
abduction
virginia
jury
trial
respondent
counsel
moved
discovery
victim
statements
police
describing
assailants
vehicle
assailants
driving
location
alleged
rape
took
place
record
presiding
judge
denied
motion
letter
counsel
examining
statements
camera
determining
contained
exculpatory
evidence
respondent
counsel
made
second
motion
discover
victim
statements
immediately
prior
trial
trial
judge
denied
reason
conducting
camera
examination
tr
respondent
convicted
counsel
filed
notice
appeal
virginia
assigning
seven
errors
fifth
trial
judge
err
permitting
defendant
counsel
examine
written
statements
victim
prior
trial
course
trial
record
year
later
respondent
time
proceeding
pro
se
filed
state
habeas
corpus
petition
claiming
denied
due
process
law
prosecution
withholding
victim
statements
state
sought
dismissal
petition
ground
respondent
barred
presenting
due
process
discovery
claim
collateral
review
failed
raise
claim
appeal
state
habeas
dismissed
petition
reasons
stated
motion
dismiss
record
doc
virginia
denied
certiorari
respondent
next
filed
pro
se
habeas
petition
district
eastern
district
virginia
renewing
due
process
discovery
claim
grounds
relief
state
filed
motion
dismiss
asserting
respondent
failure
raise
issue
direct
appeal
procedural
default
barring
federal
habeas
review
wainwright
sykes
respondent
exhausted
state
remedies
bring
ineffective
assistance
counsel
claim
state
courts
establish
procedural
default
excused
record
doc
magistrate
case
referred
recommended
dismissal
virtue
procedural
default
also
ruled
respondent
exhausted
state
remedies
reply
magistrate
report
respondent
alleged
procedural
default
due
ineffective
assistance
counsel
filing
appeal
app
district
approved
magistrate
report
holding
discovery
claim
barred
procedural
default
indicating
respondent
establish
cause
default
state
courts
oral
argument
appeal
appeals
fourth
circuit
respondent
abandoned
claim
ineffective
assistance
counsel
asserted
counsel
mistakenly
omitted
discovery
claim
petition
appeal
error
cause
default
divided
panel
appeals
reversed
remanded
carrier
hutto
construed
respondent
objection
denial
discovery
rested
throughout
contention
brady
maryland
requires
prosecution
disclose
evidence
might
material
guilt
whether
exculpatory
concluded
respondent
counsel
omitted
discovery
claim
petition
review
issue
lost
purposes
direct
collateral
review
framed
issue
whether
single
act
omission
counsel
insufficient
contravene
sixth
amendment
satisfy
cause
prong
exception
preclusive
procedural
default
discussed
wainwright
answering
question
drew
dispositive
distinction
procedural
defaults
resulting
deliberate
tactical
decisions
resulting
ignorance
inadvertence
determined
latter
category
attorney
error
constitute
cause
whereas
tactical
decision
implies
counsel
worst
reasonably
incorrectly
exercise
judgment
ignorance
oversight
implies
counsel
fail
ed
exercise
dereliction
duty
represent
client
ibid
thus
order
establish
cause
federal
habeas
petitioner
need
satisfy
district
failure
object
appeal
claim
product
attorney
ignorance
oversight
deliberate
tactic
ibid
accordingly
appeals
remanded
district
lthough
likelihood
attorney
error
appears
great
case
lack
testimony
carrier
counsel
might
disclose
strategic
reason
failing
appeal
brady
issue
question
counsel
motivation
one
fact
district
resolve
upon
taking
evidence
dissenting
judge
believed
petition
dismissed
failure
exhaust
state
remedies
respondent
never
presented
discovery
claim
denial
due
process
state
courts
hall
dissenting
differed
majority
interpretation
cause
standard
ultimately
allow
exception
swallow
rule
state
sought
rehearing
en
banc
appeals
adopted
panel
majority
decision
four
judges
dissenting
carrier
hutto
reverse
remand
ii
wainwright
sykes
held
federal
habeas
petitioner
failed
comply
state
rule
trial
must
show
cause
procedural
default
prejudice
attributable
thereto
order
obtain
review
defaulted
constitutional
claim
see
also
francis
henderson
holding
explicitly
rejected
standard
described
fay
noia
federal
habeas
refuse
review
defaulted
claim
applicant
ha
deliberately
orderly
procedure
state
courts
personal
waiver
claim
amounting
intentional
relinquishment
abandonment
known
right
privilege
quoting
johnson
zerbst
see
wainwright
sykes
minimum
wainwright
sykes
plainly
implied
default
constitutional
claim
counsel
pursuant
trial
strategy
tactical
decision
absent
extraordinary
circumstances
bind
habeas
petitioner
even
personally
waived
claim
see
reed
ross
beyond
left
open
resolution
future
decisions
precise
definition
prejudice
standard
revisited
cause
prejudice
test
engle
isaac
like
wainwright
sykes
engle
involved
claims
procedurally
defaulted
trial
seeking
establish
cause
defaults
prisoners
argued
known
time
trials
substantive
basis
constitutional
claims
premised
winship
engle
without
deciding
whether
novelty
constitutional
claim
ever
establishes
cause
failure
object
rejected
contention
conclude
legal
basis
framing
prisoners
constitutional
claims
unavailable
time
language
bears
directly
present
case
said
suggest
every
astute
counsel
relied
upon
winship
assert
unconstitutionality
rule
saddling
criminal
defendants
burden
proving
affirmative
defense
every
trial
presents
myriad
possible
claims
counsel
might
overlooked
chosen
omit
respondents
due
process
argument
pursuing
avenues
defense
long
recognized
however
constitution
guarantees
criminal
defendants
fair
trial
competent
attorney
insure
defense
counsel
recognize
raise
every
conceivable
constitutional
claim
basis
constitutional
claim
available
defense
counsel
perceived
litigated
claim
demands
comity
finality
counsel
labeling
alleged
unawareness
objection
cause
procedural
default
omitted
indeed
rule
applied
appeals
significantly
increase
costs
associated
procedural
default
many
cases
order
determine
whether
cause
procedural
default
federal
habeas
courts
routinely
required
hold
evidentiary
hearings
determine
prompted
counsel
failure
raise
claim
question
federal
habeas
courts
doubt
strive
minimize
burdens
concerned
use
affidavits
simplifying
procedures
prepared
assume
costs
negligible
particularly
since
observed
strickland
washington
ntensive
scrutiny
counsel
dampen
ardor
impair
independence
defense
counsel
discourage
acceptance
assigned
cases
undermine
trust
attorney
client
always
easy
classify
counsel
behavior
accordance
deceptively
simple
categories
propounded
appeals
counsel
act
ignorance
example
failing
raise
claim
tactical
reasons
mistakenly
assessing
strength
basis
incomplete
acquaintance
relevant
precedent
uncertain
dimensions
exception
inadvertence
ignorance
furnish
additional
reason
rejecting
think
question
cause
procedural
default
turn
whether
counsel
erred
kind
error
counsel
may
made
long
defendant
represented
counsel
whose
performance
constitutionally
ineffective
standard
established
strickland
washington
supra
discern
inequity
requiring
bear
risk
attorney
error
results
procedural
default
instead
think
existence
cause
procedural
default
must
ordinarily
turn
whether
prisoner
show
objective
factor
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defense
impeded
counsel
efforts
comply
state
procedural
rule
without
attempting
exhaustive
catalog
objective
impediments
compliance
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rule
note
showing
factual
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claim
reasonably
available
counsel
see
reed
ross
interference
officials
brown
allen
made
compliance
impracticable
constitute
cause
standard
similarly
procedural
default
result
ineffective
assistance
counsel
sixth
amendment
requires
responsibility
default
imputed
state
may
conduc
trials
persons
face
incarceration
must
defend
without
adequate
legal
assistance
cuyler
sullivan
ineffective
assistance
counsel
cause
procedural
default
however
think
exhaustion
doctrine
principally
designed
protect
state
courts
role
enforcement
federal
law
prevent
disruption
state
judicial
proceedings
rose
lundy
generally
requires
claim
ineffective
assistance
presented
state
courts
independent
claim
may
used
establish
cause
procedural
default
question
whether
cause
procedural
default
pose
occasion
applying
exhaustion
doctrine
federal
habeas
adjudicate
question
cause
question
federal
law
without
deciding
independent
unexhausted
constitutional
claim
merits
petitioner
raise
ineffective
assistance
claim
first
time
federal
habeas
order
show
cause
procedural
default
federal
habeas
find
anomalous
position
adjudicating
unexhausted
constitutional
claim
state
review
might
still
available
principle
comity
underlies
exhaustion
doctrine
ill
served
rule
allowed
federal
district
upset
state
conviction
without
opportunity
state
courts
correct
constitutional
violation
darr
burford
holds
true
whether
ineffective
assistance
claim
asserted
cause
procedural
default
denominated
independent
ground
habeas
relief
clear
respondent
failed
show
even
allege
cause
procedural
default
standard
cause
engle
squarely
supports
respondent
argues
nevertheless
case
controlled
engle
involves
procedural
default
appeal
rather
trial
respondent
dispute
however
cause
prejudice
test
applies
procedural
defaults
appeal
plainly
indicated
reed
ross
reed
involved
claim
defaulted
appeal
held
habeas
petitioner
establish
cause
procedural
default
claim
novel
legal
basis
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available
counsel
holding
entirely
unnecessary
disposition
prisoner
claim
cause
prejudice
test
inapplicable
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defaults
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distinction
respondent
us
draw
must
therefore
made
terms
content
cause
requirement
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procedural
defaults
appeal
accordingly
respondent
asks
us
affirm
appeals
judgment
narrow
ground
even
counsel
ignorance
inadvertence
constitute
cause
procedural
default
trial
constitute
cause
procedural
default
appeal
support
distinction
respondent
asserts
concerns
underlie
cause
prejudice
test
present
case
defaults
appeal
default
appeal
maintains
detract
significance
trial
development
full
trial
record
deprive
trial
opportunity
correct
error
without
need
retrial
moreover
unlike
rapid
pace
trial
matter
necessity
counsel
decisions
bind
defendant
appellate
process
affords
attorney
time
reflection
research
full
consultation
client
brief
respondent
finally
respondent
suggests
likelihood
attorney
preserve
objection
trial
yet
choose
withhold
appeal
order
sandbag
prosecution
raising
claim
federal
habeas
relief
denied
state
courts
arguments
unpersuasive
state
procedural
rules
serve
vital
purposes
trial
appeal
state
collateral
attack
important
role
appellate
procedural
rules
aptly
captured
description
reed
ross
purposes
served
procedural
rule
issue
required
defendant
initially
raise
legal
claims
appeal
rather
postconviction
review
affords
state
courts
opportunity
resolve
issue
shortly
trial
evidence
still
available
assess
defendant
claim
retry
defendant
effectively
prevails
appeal
see
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interest
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state
declined
consider
merits
constitutional
claim
without
habeas
review
ever
consider
whether
petitioner
constitutional
rights
violated
interests
must
weighed
state
interest
maintaining
integrity
rules
proceedings
interest
undermined
federal
courts
free
ignore
procedural
forfeitures
state
criminal
justice
system
state
structured
determine
guilt
innocence
defendants
resolve
questions
incident
determination
including
constitutionality
procedures
leading
verdict
state
complement
procedural
rules
facilitates
process
channeling
extent
possible
resolution
various
types
questions
stage
judicial
process
resolved
fairly
efficiently
ibid
procedural
default
rules
protect
integrity
process
imposing
forfeiture
sanction
failure
follow
applicable
state
procedural
rules
thereby
deterring
litigants
deviating
state
scheme
generally
threat
losing
right
raise
claim
state
proceedings
sufficient
ensure
compliance
state
procedural
rules
defendant
loses
nothing
raising
claims
trial
since
judgment
res
judicata
effect
later
habeas
proceedings
brown
allen
retains
possibility
obtaining
relief
state
courts
see
wainwright
sykes
brennan
dissenting
nonetheless
extent
federal
habeas
review
procedurally
defaulted
claim
available
broad
deterrent
effect
procedural
default
rules
somewhat
diminished
view
properly
balance
competing
concerns
changed
time
fay
noia
concluded
state
interest
airtight
system
forfeitures
generally
insufficient
require
federal
courts
refrain
exercising
habeas
jurisdiction
held
federal
courts
refuse
exercise
jurisdiction
habeas
applicant
understandingly
knowingly
forewent
privilege
seeking
vindicate
federal
claims
state
courts
whether
strategic
tactical
reasons
fairly
described
deliberate
state
procedures
holding
sensibly
accommodated
competing
interests
described
one
hand
state
interest
preventing
litigants
ignoring
procedural
rules
strongest
decision
raise
claim
made
knowingly
deliberately
correspondingly
prisoner
entitlement
federal
forum
weakest
since
may
well
deliberate
failure
submit
claim
state
courts
necessitated
federal
review
circumstances
affront
comity
principles
greatest
indifference
entertaining
petition
prisoner
trial
strategy
federal
effect
ratifies
deliberate
circumvention
state
procedural
rules
refusal
exercise
federal
habeas
power
upset
conviction
ever
appropriate
circumstances
struck
somewhat
different
balance
years
later
revisited
question
withholding
federal
habeas
jurisdiction
procedurally
defaulted
claims
wainwright
sykes
police
officers
testified
sykes
trial
inculpatory
statements
made
presence
objection
made
time
testimony
offered
meant
state
procedural
rule
objections
forfeited
subsequently
sykes
filed
petition
writ
habeas
corpus
federal
asserting
statements
inadmissible
understood
miranda
warnings
district
granted
writ
reversed
holding
district
never
entertained
sykes
habeas
petition
rejecting
sweeping
language
fay
noia
concluded
fay
deliberate
bypass
test
paid
insufficient
respect
state
interests
viewed
prism
federalism
comity
concerns
seeing
procedural
default
rules
enforced
held
instead
federal
courts
decline
exercise
habeas
jurisdiction
absent
stronger
showing
prisoner
federal
review
appropriate
specifically
held
federal
habeas
review
procedurally
defaulted
claim
ordinarily
withheld
unless
petitioner
shows
cause
procedural
default
prejudice
case
underlying
error
left
open
resolution
future
decisions
precise
definition
prejudice
standard
noting
narrower
standard
set
forth
fay
noia
suggesting
provide
better
balance
interests
petitioner
state
thought
wainwright
sykes
wrongly
decided
continue
believe
reasons
stated
subsequent
cases
see
wainwright
sykes
supra
brennan
dissenting
engle
isaac
brennan
dissenting
frady
brennan
dissenting
least
wainwright
sykes
prudent
enough
leave
task
defining
cause
prejudice
subsequent
cases
extent
availability
federal
habeas
review
procedurally
defaulted
claims
turns
test
context
giving
test
meaning
must
undertake
careful
evaluation
interests
state
defendant
required
determine
whether
federal
courts
may
properly
decline
exercise
jurisdiction
conferred
upon
congress
ii
particular
question
must
decide
case
whether
counsel
inadvertent
failure
raise
substantive
claim
error
constitute
cause
procedural
default
wainwright
sykes
held
defense
counsel
tactical
decision
bypass
state
procedure
constitute
cause
see
also
ante
reed
ross
result
may
arguably
defended
grounds
similar
justified
result
fay
noia
deterrent
interests
underlying
state
procedural
default
rule
apogee
counsel
decision
bypass
state
procedure
deliberate
however
say
petitioner
bound
lawyer
tactical
decisions
one
thing
say
must
also
bear
burden
lawyer
inadvertent
mistakes
quite
another
counsel
unaware
claim
duty
raise
particular
time
procedural
default
rule
operate
specific
deterrent
noncompliance
state
procedural
rules
consequently
state
interest
ensuring
federal
help
prevent
circumvention
state
procedural
rules
imposing
forfeiture
sanction
much
less
compelling
sure
applying
procedural
default
rules
even
inadvertent
defaults
furthers
state
deterrent
interests
general
sense
encouraging
lawyers
conscientious
whole
however
pointed
another
context
general
deterrent
interests
weak
failure
follow
rule
accidental
rather
intentional
see
leon
believe
incremental
state
interest
simply
sufficient
overcome
heavy
presumption
federal
refusing
exercise
jurisdiction
clearly
granted
congress
especially
petitioner
satisfied
prejudice
prong
wainwright
sykes
test
petitioner
constitutional
rights
violated
violation
may
affected
verdict
federal
decline
entertain
habeas
petition
solely
deference
state
weak
interest
punishing
lawyers
inadvertent
failures
comply
state
procedures
therefore
hold
cause
established
procedural
default
resulted
counsel
inadvertence
respectfully
dissent
decisions
murray
carrier
smith
murray
even
believe
difference
state
interests
sufficient
require
holding
counsel
inadvertence
constitutes
cause
additional
difference
defendant
interests
compels
conclusion
smith
murray
fact
capital
case
extent
argued
definition
cause
requires
consideration
interests
defendant
well
state
strikes
cruelly
unfair
bind
defendant
lawyer
inadvertent
failure
prevent
prejudicial
constitutional
error
thus
barring
access
federal
review
consequence
defendant
death
understanding
execution
irremediable
unfathomable
penalties
death
different
ford
wainwright
ante
see
also
woodson
north
carolina
opinion
stewart
powell
stevens
jj
particularly
scrupulous
demanding
proceedings
condemn
individual
death
marred
constitutional
error
background
special
concern
comity
federalism
concerns
simply
require
exercise
discretion
capital
cases
opinion
applies
also
smith
murray
director
virginia
department
corrections
post
one
important
difference
abstention
habeas
context
contexts
abstention
cases
federal
jurisdiction
withheld
partly
ongoing
proceedings
possibility
future
proceedings
state
courts
habeas
context
state
proceedings
already
taken
place
petitioner
federal
claim
considered
merits
anything
however
difference
makes
practice
abstaining
suspect
habeas
context
suggests
federal
courts
adhere
even
closely
principle
discussed
text
abstention
narrow
exception
general
rule
requiring
federal
courts
exercise
power
conferred
upon
congress
often
suggested
today
reduction
finality
litigation
caused
habeas
review
justifies
broad
construction
test
ante
citing
engle
isaac
fact
finality
concerns
bearing
question
whether
federal
refuse
exercise
habeas
jurisdiction
procedural
default
standpoint
state
finality
interests
difference
whatever
making
habeas
review
available
state
denied
claim
merits
making
review
available
state
denied
claim
procedural
default
grounds
situations
state
determined
litigation
end
federal
reopened
case
consider
releasing
petitioner
custody
one
questions
availability
habeas
relief
state
denied
claim
merits
accordingly
treating
likes
alike
relief
also
available
claim
denied
procedural
default
unless
state
interest
enforcing
default
rules
requires
different
result
general
finality
concerns
simply
relevant
true
habeas
corpus
bogeymen
tendency
habeas
review
detract
importance
trial
main
event
wainwright
sykes
frustrate
state
attempts
honor
constitutional
rights
engle
isaac
supra
costs
present
whenever
claim
denied
state
merits
precisely
way
precisely
extent
claim
denied
procedural
default
grounds
indeed
anything
costs
present
greater
extent
federal
reviews
constitutional
claim
state
considered
rejected
therefore
federal
jurisdiction
renounced
procedural
default
must
particular
need
enforce
state
procedural
default
rules
although
wainwright
sykes
held
test
applied
violations
rules
subsequent
cases
extended
test
well
beyond
narrow
holding
see
engle
isaac
frady
reed
ross
still
open
question
whether
counsel
decision
take
appeal
question
presented
facts
fay
noia
governed
deliberate
bypass
rule
test
ante
mean
suggest
accept
decision
wainwright
sykes
think
habeas
petitioner
ever
show
cause
prejudice
gain
access
federal
courts
noted
continue
believe
wainwright
sykes
represented
illegitimate
exercise
limited
discretion
order
federal
courts
decline
entertain
habeas
petitions
point
simply
even
accepting
validity
wainwright
cause
prejudice
test
must
still
carefully
balance
relevant
interests
balancing
done
properly
apparent
counsel
inadvertence
constitute
cause
accordingly
affirm
decision
appeals
murray
carrier
reversing
holding
appeals
counsel
inadvertence
establishes
cause
goes
declare
constitutional
violation
probably
resulted
conviction
one
actually
innocent
federal
may
grant
writ
even
absence
showing
cause
procedural
default
ante
circumstances
explains
principles
comity
finality
inform
concepts
cause
prejudice
must
yield
imperative
correcting
fundamentally
unjust
incarceration
ante
quoting
engle
isaac
supra
although
believe
principles
comity
finality
yield
upon
far
less
showing
actual
innocence
inquiry
represents
narrowing
cause
prejudice
test
agree
proper