Does a tacit causation rule underpinning a state court's decision?
MultiRegion, United States of America
The following excerpt is from Poyson v. Ryan, 711 F.3d 1087 (9th Cir. 2013):
Recently, in Lopez v. Ryan, 630 F.3d 1198 (9th Cir.2011), we declined to presume from Arizona case law alone that a tacit causation rule underpinned the state court's decision in the case at hand. Id. at 1203. Rather than infer[ring] unconstitutional reasoning from judicial silence, Lopez instructs that we should look to
[711 F.3d 1107]
what the record actually says. Id. at 1204.
"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
Does a tacit causation rule underpinning a state court's decision in a case? (MultiRegion, United States of America)
When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference? (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)
Can a federal court grant habeas relief against a state court's decision not to grant it? (MultiRegion, United States of America)
How do federal courts review a decision of a state court? (MultiRegion, United States of America)
How have federal courts interpreted the "last reasoned decision" by a state court addressing the merits of a claim? (MultiRegion, United States of America)
Can a majority of the Court of Appeal reverse a district court's decision to dismiss an unarticulated state law claim? (MultiRegion, United States of America)
Is a rule of decision made by the Supreme Court that is "substantive" in determining whether a particular state rule or decision is a federal law? (MultiRegion, United States of America)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (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)
