Hinds v. Commissioner of Correction

Summary

This dissent rejects the majority’s sua sponte decision to replace procedural default with a harmless-error standard for habeas claims based on the omission of a kidnapping instruction. It argues that the issue was not raised or briefed, that the prior fragmented decision did not resolve procedural default, and that the established cause-and-prejudice rule should apply. Applying that rule, the dissent would find that the petitioner failed to establish good cause and actual prejudice.