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CLARK v. BERTSCH

No. 13-3379.

780 F.3d 873 (2015)

Branden CLARK, Petitioner-Appellant v. Leann K. BERTSCH, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 13, 2015.

Attorney(s) appearing for the Case

Paul Henry Myerchin , argued, Bismarck, ND, for Petitioner-Appellant.

Ken R. Sorenson , AAG, argued, Bismarck, ND, for Respondent-Appellee.

Before MURPHY, MELLOY, and BENTON, Circuit Judges.

Branden Clark appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The specific issue before our court is whether a state appellate court's plain-error review of an unpreserved and otherwise procedurally defaulted claim "cures" the default and opens the door for federal collateral review. Panel opinions...

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