Can a federal district court hear an appeal from a state court?
MultiRegion, United States of America
The following excerpt is from De Rosier v. Longaker, No. 2:11-cv-01617-MCE-EFB (E.D. Cal. 2012):
Lower federal courts may not sit in direct review of state court decisions. Rooker, 263 U.S. at 416; see also Carmona v. Carmona, 603 F.3d 1041, 1050 (9th Cir. 2010) ("Federal district courts do not have jurisdiction to hear de facto appeals from state court judgments.").
Page 9
"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
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)
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)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (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)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
When will a federal district court order that a state-law issue be decided by the state courts? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to remand a state claim to the state court from which it was removed? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
