Curtis Henderson v. James Thieret, Warden of the Menard Correctional Center and Neil F. Hartigan, Attorney General of the State of Illinois

U.S. Court of Appeals, Seventh Circuit · Decided 1988-11-10

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KANNE, Circuit Judge. This appeal from the dismissal of Curtis Henderson’s petition for habeas corpus once again thrusts us into the morass of procedural default and waiver. We hold that a district court may, in considering a § 2255 or § 2254 petition, raise the question of procedural default sua sponte even where the state has failed…

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