Can a federal court grant relief based on a de novo finding of constitutional error?

MultiRegion, United States of America

The following excerpt is from Thurman v. Johnson, No. 2:20-cv-0079-KJM-EFB P (E.D. Cal. 2020):

(d)(1) or (d)(2) is satisfied, the federal court may grant relief based on a de novo finding of constitutional error. See Frantz v. Hazey, 533 F.3d 724, 736 (9th Cir. 2008) (en banc).

Other Questions


When a state court finds a constitutional error to be harmless beyond a reasonable doubt, can a federal court grant habeas relief? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (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 federal court grant habeas corpus relief for alleged errors in the interpretation or application of state sentencing laws by either a state trial or appellate court? (MultiRegion, United States of America)
Can a federal court grant habeas relief against a state court's decision not to grant it? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
Can a federal court grant habeas corpus relief for alleged errors in the interpretation or application of sentencing laws by a state court? (MultiRegion, United States of America)
Is a superior court's failure to grant a motion requiring the superior court to grant notice of error reversible error? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does the US Supreme Court have any authority to consider whether a federal district court has jurisdiction to grant relief? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.