Can a claim of error based upon a right not specifically guaranteed by the Constitution form a ground for federal habeas corpus relief?
MultiRegion, United States of America
The following excerpt is from Motley v. Cate, No. CIV S-09-1525-CMK-P (E.D. Cal. 2010):
However, a "claim of error based upon a right not specifically guaranteed by the Constitution may nonetheless form a ground for federal habeas corpus relief where its impact so infects the entire trial that the resulting conviction violates the defendant's right to due process." Hines v. Enomoto, 658 F.2d 667, 673 (9th Cir. 1981) (citing Quigg v. Crist, 616 F.2d 1107 (9th
Page 13
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a claim for federal habeas corpus relief be made against a determination of state law that violates federal due process rights? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Can a claim of error in sentencing make a claim for federal habeas corpus relief? (MultiRegion, United States of America)
Can a federal habeas corpus petition allege deprivation of a federal right to present a cognizable claim? (MultiRegion, United States of America)
Is a claim of instructional error a basis for federal habeas corpus relief? (MultiRegion, United States of America)
Does a grant of habeas corpus relief constitute a declaration that the petitioner is being held in custody in violation of his constitutional rights? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does a state's application of its evidence rule constitute grounds for federal habeas corpus relief? (MultiRegion, United States of America)
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court? (MultiRegion, United States of America)
