How do we review a denial of a habeas corpus de novo?

MultiRegion, United States of America

The following excerpt is from Shoemaker v. Taylor, D.C. No. 2:07-cv-05849-MMM-RZ, No. 11-56476 (9th Cir. 2013):

We review a district court's denial of a petition for writ of habeas corpus de novo. Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir. 2000) (en banc).

In the case of a habeas petition implicating the First Amendment, we first "must, as a reviewing court, conduct our own independent review of the record. In so doing, we must exercise independent judgment as to the legal issue of whether [the habeas petitioner]'s speech and association were protected." McCoy v. Stewart, 282 F.3d 626, 629 (9th Cir. 2002) (conducting an independent review prior to conducting a habeas analysis in a habeas claim implicating the First Amendment).

Other Questions


Is a denial of habeas corpus reviewed de novo? (MultiRegion, United States of America)
Is a denial of a writ of habeas corpus reviewed de novo? (MultiRegion, United States of America)
Is a district court's denial of a writ of habeas corpus review de novo? (MultiRegion, United States of America)
What are the findings of a federal court's denial of a habeas corpus petition de novo? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Is a conditional habeas corpus relief granted to a state prisoner a question of law or is it reviewable de novo? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
Is a writ of habeas corpus reviewed de novo? (MultiRegion, United States of America)
What is the effect of a district court's denial of a petition for habeas corpus de novo? (MultiRegion, United States of America)
What is the effect of a denial of habeas corpus relief de novo? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.