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DRETKE v. HALEY

No. 02-1824.

541 U.S. 386 (2004)

124 S.Ct. 1847

158 L.Ed.2d 659

DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION v. HALEY

Supreme Court of United States.

Decided May 3, 2004.

Attorney(s) appearing for the Case

R. Ted Cruz, Solicitor General of Texas, argued the cause for petitioner. With him on the briefs were Greg Abbott, Attorney General, Barry R. McBee, First Assistant Attorney General, and Danica L. Milios, Assistant Solicitor General.

Matthew D. Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.

Eric M. Albritton, by appointment of the Court, 540 U.S. 1044, argued the cause for respondent. With him on the brief was Jeffrey L. Bleich.*

JUSTICE O'CONNOR delivered the opinion of the Court.

Out of respect for finality, comity, and the orderly administration of justice, a federal court will not entertain a procedurally defaulted constitutional claim in a petition for habeas corpus absent a showing of cause and prejudice to excuse the default. We have recognized a narrow exception to the general rule when the habeas applicant can demonstrate that the alleged constitutional error has resulted in the conviction...

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