Does a state court's finding of procedural default preclude a federal judicial review?

MultiRegion, United States of America

The following excerpt is from Apelt v. Ryan, 878 F.3d 800 (9th Cir. 2017):

The district courts grant or denial of habeas relief is reviewed de novo. Moses v. Payne , 555 F.3d 742, 750 (9th Cir. 2009).

A. The state courts finding of procedural default must be considered, but does not preclude federal judicial review.

Other Questions


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)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state court rejects a federal claim, does the federal court have any authority to review the state's record? (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)
Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review? (MultiRegion, United States of America)
Is a state prisoner's procedural default in the state courts barred from federal review? (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)
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)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.