Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-Appellee

U.S. Court of Appeals, Ninth Circuit · Decided 1998-06-29

Cited by 680 later decision(s) in our corpus · see the citation network in Lexace

From the opinion

MICHAEL DALY HAWKINS, Circuit Judge: This appeal requires us to decide whether a district court may raise the issue of procedural default sua sponte, before the state custodian is served with, or files an answer to, a 28 U.S.C. § 2254 habeas corpus petition, when the default is obvious from the face of the petition.…

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