1. Home
  2. Browse Decisions
  3. U.S.
  4. 541 U.S.
  5. 541 U.S. 386 (2004)
 

DRETKE v. HALEY

No. 02-1824.

541 U.S. 386 (2004)

DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION v. HALEY.

Supreme Court of United States.

Decided May 3, 2004.

Attorney(s) appearing for the Case

R. Ted Cruz, Solicitor General of Texas, argued the cause for petitioner. With him on the briefs were Greg Abbott, Attorney General, Barry R. McBee, First Assistant Attorney General, and Danica L. Milios, Assistant Solicitor General.

Matthew D. Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.

Eric M. Albritton, by appointment of the Court, 540 U.S. 1044, argued the cause for respondent. With him on the brief was Jeffrey L. Bleich.*

O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and SCALIA, THOMAS, GINSBURG, and BREYER, JJ., joined. STEVENS, J., filed a dissenting opinion, in which KENNEDY and SOUTER, JJ., joined, p. 396. KENNEDY, J., filed a dissenting opinion, p. 399.

JUSTICE O'CONNOR delivered the opinion of the Court.

Out of respect for finality, comity, and the orderly administration of justice, a federal court will not entertain a procedurally defaulted constitutional claim in a petition for habeas corpus absent a showing of cause and prejudice to excuse the default. We have recognized a narrow exception to the general rule when the habeas applicant can demonstrate that the alleged constitutional error has resulted in the conviction...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases