Supreme Court of the United States
Trest v. Cain
December 9, 1997522 U.S. 87
Summary
Justice Breyer delivered the opinion of the Court, holding that a court of appeals reviewing a federal habeas decision is not required to raise a petitioner's procedural default sua sponte. Procedural default is not jurisdictional and ordinarily is a defense the State must raise and preserve. The Court vacated the Fifth Circuit's judgment and remanded because its opinion suggested that it regarded consideration of procedural default as mandatory. The Court declined to decide whether an appellate court may raise procedural default on its own, noting the limited question presented and unresolved questions concerning exhaustion, waiver, and the applicable state's procedural rules. There were no separate opinions.
Holding
- Whether an appellate court must raise procedural default sua sponte in a federal habeas proceeding.. A court of appeals is not required to raise a habeas petitioner's procedural default sua sponte.
Docket 96-7901
Cited authorities
- CA11
- CA10
- Miss. Code Ann. § 99-39-5
Cited by
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- David J. Oakes, Petitioner, Appellant v. United States of America, Respondent, Appellee
- Anthony Olszewski, Iii, Petitioner, Appellant v. Luis Spencer, Respondent, Appellee
- Richard Rosenthal, Petitioner, Appellant v. Steve O’brien, Respondent, Appellee