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MURRAY v. CARRIER

No. 84-1554.

477 U.S. 478 (1986)

MURRAY, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS v. CARRIER

Supreme Court of United States.

Decided June 26, 1986

Attorney(s) appearing for the Case

Jerry P. Slonaker, Senior Assistant Attorney General of Virginia, argued the cause for petitioner. With him on the briefs were William G. Broaddus, Attorney General, and Donald R. Curry, Assistant Attorney General.

Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Fried, Assistant Attorney General Trott, Edwin S. Kneedler, and Kathleen A. Felton.

Sherman L. Cohn, by appointment of the Court, 474 U.S. 898, argued the cause for respondent. With him on the brief was Steven H. Goldblatt.*

Larry W. Yackle, Charles S. Sims, and Burt Neuborne filed a brief for the American Civil Liberties Union et al. as amici curiae urging affirmance.

JUSTICE O'CONNOR delivered the opinion of the Court.

We granted certiorari in this case to consider whether a federal habeas petitioner can show cause for a procedural default by establishing that competent defense counsel inadvertently failed to raise the substantive claim of error rather than deliberately withholding it for tactical reasons.

I

Respondent Clifford...

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