DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103845P.pdf 08/29/2011 John Patrick Murphy v. John King
U.S. Court of Appeals Case No: 10-3845
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Colloton and Clevenger, Circuit
Judges]
Prisoner case - habeas. Murphy's claim that his revocation sentence
violated the Eighth Amendment's ban on cruel and unusual punishment
was procedurally barred as he failed to present the claim in his state court
proceeding and failed to show cause for his failure to do so; fundamental-
miscarriage-of-justice exception did not apply as there is no authority for
Murphy's position that escalating punishments for continued violations of
supervision are a miscarriage of justice.