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Dugger Vs. Adams
Cites for this judgment
- US Supreme Court
- Feb 28, 1989
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U.S. 401 (1989) U.S. Supreme Court Dugger v. AdamsSearch
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U.S. 401 (1989) Dugger v. AdamsSearch
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postconviction relief or in a later unsuccessful federal habeas corpus petition. Thereafter, it was held in Caldwell v. MississippiSearch
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claim. In such a case, the subsequently available federal claim did not excuse the procedural default. Reed v. RossSearch
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JUSTICE WHITE delivered the opinion of the Court. In this case, we decide whether our decision in Caldwell v. MississippiSearch
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The Florida Supreme Court affirmed respondent's conviction and sentence on direct appeal, Adams v. StateSearch
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denial of respondent's first motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Adams v. StateSearch
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instructions. The District Page 489 U. S. 405 Court denied his habeas petition on September 18, 1984, Adams v. WainwrightSearch
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F.2d 1356 (1985), and this Court denied certiorari, 474 U. S. 1073 (1986). On June 11, 1985, Caldwell v. MississippiSearch
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Tedder v. StateSearch
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s argument on the merits, however, because respondent had failed to raise the argument on direct appeal. Adams v. StateSearch
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the claim was procedurally barred, and that, alternatively, respondent's Caldwell claim was meritless. Adams v. WainwrightSearch
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p. 9, Page 489 U. S. 406 App. to Pet. for Cert. A-43, A-56-A-60. The Eleventh Circuit reversed. Adams v. WainwrightSearch
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U.S. 933 (1988), and we now reverse. In Wainwright v. SykesSearch
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state courts have found procedurally defaulted. We have reaffirmed this requirement on several occasions. See Murray v. CarrierSearch
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of cause and prejudice. Amadeo v. ZantSearch
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U. S. 214 , 486 U. S. 221 (1988) (quoting Sykes, supra, at 433 U. S. 87 ). See also Reed v. RossSearch
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U. S. 1 , 468 U. S. 13 (1984). Reed v. RossSearch
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plainly had the basis for an objection and an argument on appeal that the instructions violated state law. See Pait v. StateSearch
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Blackwell v. StateSearch
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state grounds is not good cause for his failure to follow Florida procedural rules. Page 489 U. S. 409 Reed v. RossSearch
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an instruction that was plainly valid under the settled law of the State. Six years later, it was held, in Mullaney v. WilburSearch
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the trial judge would incline the jury toward leniency, rather than toward recommending a death sentence. See Dobbert v. FloridaSearch
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the improper remarks by the trial judge at the time of his trial as a violation of due process. See Donnelly v. DeChristoforoSearch
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Tenth Circuit also held that Caldwell was sufficiently novel to provide cause for a procedural default. Dutton v. BrownSearch
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cert. denied, 484 U.S. 836 (1987). Previously, however, the Fifth Circuit had held in Moore v. BlackburnSearch
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Both of these cases were cited in Caldwell v. MississippiSearch
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Johnson v. MississippiSearch
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applied its rule that claims not raised on direct appeal cannot be raised on postconviction review. See Bertolotti v. StateSearch
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Clark v. StateSearch
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Jones v. DuggerSearch
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Woods v. StateSearch
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Cave v. StateSearch
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Preston v. StateSearch
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Doyle v. StateSearch
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Ford v. StateSearch
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Henderson v. DuggerSearch
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Tafero v. DuggerSearch
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Foster v. StateSearch
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Phillips v. DuggerSearch
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Copeland v. WainwrightSearch
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Aldridge v. StateSearch
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State v. SireciSearch
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Adams v. StateSearch
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Middleton v. StateSearch
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convince us that the Florida Supreme Court fails to apply its procedural rule regularly and consistently. In Darden v. StateSearch
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