On Point: 6. State's defenses

7th Circuit court of appeals decision

Habeas – Procedural Bar
Smith defaulted one claim by failing to raise it “in a full round of appellate review” in state court (i.e., he failed to include the issue in his request for Illinois supreme court review). He is unable to overcome the resultant bar on habeas review, on a cause-and-prejudice analysis. Among other things, the claim (trial counsel was ineffective for failing to object to a witness ID instruction) would likely fail on the merits because counsel didn’t act in an objectively unreasonable manner by failing to object to a pattern instruction.

7th circuit court of appeals decision; habeas review of: Wis court of appeals decision, 03AP3252

Habeas – Supplement Record

… Although we generally decline to supplement the record on appeal with materials not before the district court, we have not applied this position categorically. See, e.g., Ruvalcaba v. Chandler, 416 F.3d 555, 562 n.2 (7th Cir. 2005) (in habeas case,

7th Circuit decision

Habeas – Procedural Bar

… If a state court clearly and expressly states that its judgment rests on a state procedural bar and does not reach the merits of a federal claim, then we are unable to consider that claim on collateral review. Harris v. Reed, 489 U.S. 255, 263 (1989); Pole, 570 F.3d at 937. And we have repeatedly explained that where a state court reviews the claim for plain error as the result of a state procedural bar such as the Illinois doctrine of waiver,

State ex rel Marvin Coleman v. McCaughtry, 2006 WI 49, reversing and remanding summary order of court of appeals, reconsideration denied, 2006 WI 121
For Coleman: Brian Kinstler

Issue/Holding:

¶28      Prihoda, Sawyer, Lohr and Schafer all employ a three-element test where the first element is unreasonable delay in bringing the claim and the other two elements apply to the party asserting laches: lack of knowledge (that the claim would be brought) and effect (prejudice).