NEW YORK

v.

HARRIS

Citator

Cited By

• New York v. Harris, 495 U.S. 14 (U.S. 1990)
• Alderman v. Zant, 22 F.3d 1541 (11th Cir. 1994)
  …he federal claim, the federal court should apply the state procedural bar and decline to reach the merits of the claim. Harris, 489 U.S. at 264 n. 10, 109 S.Ct. at 1044 n. 10; Richardson v. Thigpen, 883 F. 2d 895, 898 (11th Cir.1989), cert. denied, 492 U.S. 934, 110 S.Ct. 17, 106 L.Ed.2d 631 (1989). B. Procedural Default of the Brady/Giglio Allegation The record reflects that the state habeas corpus court, focusing primarily upon the 1975 proceedings, stated that the allegation was proeedurally barred pur…
• Andrews v. Deland, 943 F.2d 1162 (10th Cir. 1991)
  …is first federal petition because his federal petition was pending when Beck was decided, and the petition was not dismissed until 1984, some four years after Beck was decided. Cf. Richardson v. Thigpen, 883 F. 2d 895, 899 (11th Cir.), cert. denied, 492 U.S. 934, 110 S.Ct. 17, 106 L.Ed.2d 631 (1989). Andrews asserts, however, that even though Beck was decided in 1980, any Beck claim depends upon the availability under state law of a lesser included offense fitting the circumstances of the crime charged and…