COSPITO ET AL.

v.

HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By

• Teague v. Lane, 489 U.S. 288 (U.S. 1989)
  …the reviewing court is res judicata as to all issues actually raised, and those that could have been presented but were not are deemed waived.’” People v. Gaines, 105 Ill. 2d 79, 87-88, 473 N. E. 2d 868, 873 (1984) (citation omitted), cert. denied, 471 U. S. 1131 (1985). The default prevents petitioner from raising the Swain claim in collateral proceedings under the Illinois Post-Conviction Hearing Act, Ill. Rev. Stat., ch. 38, ¶ 122-1 et seq. (1987), unless fundamental fairness requires that the default b…
• Harris v. Reed, 489 U.S. 255 (U.S. 1989)
  …d 764, 766, and n. 1 (CA7 1985) (collecting cases), though “strict application of [this] doctrine . . . may be relaxed . . . ‘where fundamental fairness so requires.’” People v. Gaines, 105 Ill. 2d 79, 91, 473 N. E. 2d 868, 875 (1984), cert. denied, 471 U. S. 1131 (1985), quoting People v. Burns, 75 Ill. 2d 282, 290, 388 N. E. 2d 394, 398 [*275] (1979). Petitioner does not claim that federal constitutional analysis is somehow determinative of “fundamental fairness” under Illinois law, or even that uncertain…
• Herrera v. Collins, 506 U.S. 390 (U.S. 1993)
  …to interrogate petitioner about the killings, he told them “ ‘it was all in the letter’ ” and suggested that, if “they wanted to know what happened,” they should read it. Herrera v. State, 682 S. W. 2d 313, 317 (Tex. Crim. App. 1984), cert. denied, 471 U. S. 1131 (1985). Now, 10 years after being convicted on that seemingly dis-positive evidence, petitioner has collected four affidavits that he claims prove his innocence. The affidavits allege that petitioner’s brother, who died six years before the affidav…