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YLST v. NUNNEMAKER

No. 90-68.

501 U.S. 797 (1991)

111 S.Ct. 2590

115 L.Ed.2d 706

YLST, WARDEN v. NUNNEMAKER.

Supreme Court of United States.

Decided June 24, 1991.

Attorney(s) appearing for the Case

Clifford K. Thompson, Jr., Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Daniel E. Lungren, Attorney General of California, John K. Van de Kamp, former Attorney General, George H. Williamson, Chief Assistant Attorney General, Richard B. Iglehart, former Chief Assistant Attorney General, John H. Sugiyama, Senior Assistant Attorney General, and Ronald E. Niver, Deputy Attorney General.

Juliana Drous, by appointment of the Court, 498 U.S. 997, argued the cause and filed a brief for respondent.*

JUSTICE SCALIA delivered the opinion of the Court.

In this case we decide whether the unexplained denial of a petition for habeas corpus by a state court lifts a state procedural bar imposed on direct appeal, so that a state prisoner may then have his claim heard on the merits in a federal habeas proceeding.

I

In 1975, respondent Nunnemaker was tried in California state court for murder. He raised a defense...

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