Juan Hernandez v. Mr. Zakan, Superintendent, and District Attorney Allegheny County

Summary

The United States Magistrate Judge recommends dismissal with prejudice of Juan Hernandez’s 28 U.S.C. § 2254 habeas petition as procedurally defaulted. The recommendation concludes that Hernandez did not present his claims to Pennsylvania state courts and that no basis exists to excuse the default. It also recommends denying a certificate of appealability.

Holdings

1. When a habeas claim has not been fairly presented to the state courts and state procedural rules now bar further state review, the exhaustion requirement is satisfied by the absence of an available state corrective process, but the claim is procedurally defaulted.
2. A federal court may not consider procedurally defaulted claims unless the petitioner demonstrates cause and actual prejudice or shows that failure to consider the claims would result in a fundamental miscarriage of justice.
3. A certificate of appealability should be denied because reasonable jurists would not debate that the petition's claims were procedurally defaulted and no basis for excusing the default was shown.

Questions Presented

1. Whether Hernandez's federal habeas claims were procedurally defaulted because he failed to present them to the Pennsylvania courts and the time for seeking state collateral relief had expired.
2. Whether Hernandez established cause and prejudice or a fundamental miscarriage of justice sufficient to excuse the procedural default.
3. Whether Hernandez was entitled to a certificate of appealability.

Disposition

other