If a state court's decision does not meet the criteria set forth in Section 2254(d)(1) of the Habeas Act, can the petitioner continue to seek relief?

MultiRegion, United States of America

The following excerpt is from Khatkarh v. Becerra, 442 F.Supp.3d 1277 (E.D. Cal. 2020):

If the state court's decision does not meet the criteria set forth in 2254(d), a reviewing court must conduct a de novo review of a habeas petitioner's claims. Delgadillo v. Woodford , 527 F.3d 919, 925 (9th Cir. 2008) ; see also Frantz v. Hazey , 533 F.3d 724, 735 (9th Cir. 2008) (en banc) ("[I]t is now clear both that we may not grant habeas relief simply because of 2254(d)(1) error and that, if there is such error, we must decide the habeas petition by considering de novo the constitutional issues raised.").

Other Questions


If a state court's decision on a habeas petition does not meet the criteria set forth in Section 2254(d)? (MultiRegion, United States of America)
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court? (MultiRegion, United States of America)
If a state court denies a petitioner's habeas claim solely on procedural grounds, is Section 2254(d) deferential to the petitioner? (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 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)
If a habeas petitioner has not been presented to the state's highest court of appeal, can he continue to pursue his claim in state court? (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)
In assessing under section 2254(d)(1) whether the legal conclusion of a state court was contrary to or an unreasonable application of federal law, what is the test for reviewing a state decision? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.