context: But, as Bennett points out, at least one circuit has refused to apply the procedural default rule to claims that, though not expressly raised on direct appeal, fit into the category of claims for which a state supreme court is statutorily required to review all appeals in capital cases. In Beam, the petitioner had failed on direct review to specifically appeal the trial court's application of the "continuing threat" aggravator to him. Nevertheless, the Ninth Circuit held that, because the Idaho Supreme Court was statutorily required to review Beam's capital sentence to determine if it was infected by "passion, prejudice, or any other arbitrary factor," that, court must be deemed to have implicitly ruled on the constitutionality of the trial judge's application of the "continuing threat" factor to Beam. Accordingly, the Ninth Circuit concluded, Beam had not defaulted by failing specifically to raise that claim on direct review, hence the claim could be reviewed on federal habeas.
citation_a.signal: cf.
citation_a.identifier: 62 F.3d 1024, 1039
citation_a.parenthetical: concluding that, under Beam analysis, challenge to trial instructions not preserved because Missouri mandatory review statute did not require review of trial errors
citation_a.sentence: Id. at 1307 (citing Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985) (Oklahoma statute requiring its supreme court to review for “fundamental error” in capital cases preserved constitutional errors for direct federal review, despite failure to raise them in state direct appeal)); cf. Nave v. Delo, 62 F.3d 1024, 1039 (8th Cir.1995) (concluding that, under Beam analysis, challenge to trial instructions not preserved because Missouri mandatory review statute did not require review of trial errors).
citation_b.signal: no signal
citation_b.parenthetical: Oklahoma statute requiring its supreme court to review for "fundamental error" in capital cases preserved constitutional errors for direct federal review, despite failure to raise them in state direct appeal
citation_b.sentence: Id. at 1307 (citing Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985) (Oklahoma statute requiring its supreme court to review for “fundamental error” in capital cases preserved constitutional errors for direct federal review, despite failure to raise them in state direct appeal)); cf. Nave v. Delo, 62 F.3d 1024, 1039 (8th Cir.1995) (concluding that, under Beam analysis, challenge to trial instructions not preserved because Missouri mandatory review statute did not require review of trial errors).