context: Thus, despite three opportunities to assert procedural default -- before the Indiana Supreme Court, the district court, and this court -- -the State has never done so. The State's silence is significant because by failing to object to Canaan's claim on procedural default grounds, the State has waived (or, more properly, forfeited) this argument.
citation_a.signal: cf.
citation_a.identifier: 118 F.3d 535, 540
citation_a.parenthetical: refusing to find waiver of waiver by the State where it presented its procedural default argument for the first time on appeal to this court
citation_a.sentence: See Gregory-Bey v. Hanks, 332 F.3d 1036, 1043 (7th Cir.2003) (“As a procedural default is not jurisdictional, any argument that [a habeas petitioner] has defaulted his ... claim can be waived by the government.”); Hernandez v. Cowan, 200 F.3d 995, 997 (7th Cir.2000) (finding “waiver of waiver, now a well-established doctrine,” where the State failed to object to a habe-as petitioner’s failure to seek state supreme court review in his direct appeal and post-conviction proceedings); cf. Momient-El v. DeTella, 118 F.3d 535, 540 (7th Cir.1997) (refusing to find waiver of waiver by the State where it presented its procedural default argument for the first time on appeal to this court).
citation_b.signal: see
citation_b.identifier: 200 F.3d 995, 997
citation_b.parenthetical: finding "waiver of waiver, now a well-established doctrine," where the State failed to object to a habe-as petitioner's failure to seek state supreme court review in his direct appeal and post-conviction proceedings
citation_b.sentence: See Gregory-Bey v. Hanks, 332 F.3d 1036, 1043 (7th Cir.2003) (“As a procedural default is not jurisdictional, any argument that [a habeas petitioner] has defaulted his ... claim can be waived by the government.”); Hernandez v. Cowan, 200 F.3d 995, 997 (7th Cir.2000) (finding “waiver of waiver, now a well-established doctrine,” where the State failed to object to a habe-as petitioner’s failure to seek state supreme court review in his direct appeal and post-conviction proceedings); cf. Momient-El v. DeTella, 118 F.3d 535, 540 (7th Cir.1997) (refusing to find waiver of waiver by the State where it presented its procedural default argument for the first time on appeal to this court).