A cause-and-prejudice standard, rather than Fay's deliberate bypass standard, is the correct standard for excusing a habeas petitioner's failure to develop a material fact in state-court proceedings. Townsend's holding that the Fay standard is applicable in a case like this must be overruled in light of more recent decisions involving, like Fay, a state procedural default, in which this Court has rejected the deliberate bypass standard in favor of a standard of cause and prejudice. United States Court of Appeals for the Ninth Circuit reversed and remanded.
