Brian J. Levy
In January 2014, the Court of Appeals for the Third Circuit became the fifth circuit court to hold that a habeas corpus procedural rule — exhaustion — bars habeas petitioners from advancing all cumulative error arguments when they failed to raise cumulative error in their state court proceedings. Only one circuit — the Fifth Circuit — allows petitioners to raise cumulative error for the first time in his or her habeas appeal. This Essay argues that the plurality has erred.