Wainwright v. Sykes – procedural rules before you can get to merits … D didn’t object to evidence at time of offering under Florida’s contemporaneous objection rules
should federal courts have gotten to merits of the case?
NO – feds give respect to state court’s rule
Only exception is if D can establish 1) cause (almost impossible to ever have) 2) prejudice (effect on case)
If a state didn’t apply its own rule, the fed court need not respect it and can get to merits of case (but that’s the only time)
NO 4A (search and seizure) HC claims – deterrent function no longer exists because it is stale; only chance from state is to reach USSC by direct appeal
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