Cite as: 507 U. S. 680 (1993)
Opinion of Scalia, J.
Id., at 227, n. 8. Since Kaufman, federal courts have uniformly held that, absent countervailing considerations, district courts may refuse to reach the merits of a constitutional claim previously raised and rejected on direct appeal. See, e. g., Giacalone v. United States, 739 F. 2d 40, 42-43 (CA2 1984); United States v. Orejuela, 639 F. 2d 1055, 1057 (CA3 1981); Stephan v. United States, 496 F. 2d 527, 528-529 (CA6 1974), cert. denied sub nom. Marchesani v. United States, 423 U. S. 861 (1975); see also 3 C. Wright, Federal Practice and Procedure § 593, p. 439, n. 26 (1982); Note, Developments in the Law—Federal Habeas Corpus, 83 Harv. L. Rev. 1038, 1064-1066 (1970). Thus, a prior opportunity for full and fair litigation is normally dispositive of a federal prisoner's habeas claim. If the claim was raised and rejected on direct review, the habeas court will not readjudicate it absent countervailing equitable considerations; if the claim was not raised, it is procedurally defaulted and the habeas court will not adjudicate it absent countervailing equitable considerations (e. g., actual innocence or cause and prejudice, see United States v. Frady, 456 U. S. 152 (1982)).
Because lower federal courts have not generally recognized their discretion to deny habeas relief in state cases where opportunity for full and fair litigation was accorded, the peculiar state of current federal habeas practice is this: State courts routinely see their criminal convictions vacated by federal district judges, but federal courts see their criminal convictions afforded a substantial measure of finality and respect. See Hart and Wechsler 1585. Only one theory can possibly justify this disparity—the theory advanced in Fay v. Noia, that a federal forum must be afforded for every federal claim of a state criminal defendant.* See 372 U. S., at
*Of course a federal forum is theoretically available in this Court, by writ of certiorari. Quite obviously, however, this mode of review cannot be generally applied due to practical limitations. See Stone v. Powell, 428 U. S. 465, 526 (1976) (Brennan, J., dissenting).
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