Supreme Court of the United States, 1989

Selvage v. Lynaugh

Selvage v. Lynaugh
Supreme Court of the United States · Decided October 10, 1989
493 U.S. 888 (United States Reports)

Selvage v. Lynaugh

Opinion of the Court

C. A. 5th Cir. Motion of peti*889tioner for leave to proceed informa pauperis granted. Certiorari granted limited to Question 1 presented by the petition, but rephrased as follows: “At the time petitioner was tried, was there ‘cause’ for not raising a claim based upon arguments later accepted in Penry v. Lynaugh, 492 U. S. 302 (1989), and if not, would the application of a procedural bar to the claim result in a ‘fundamental miscarriage of justice,’ Smith v. Murray, 477 U. S. 527, 537-538 (1986)?”

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