Is a state prisoner's procedural default in the state courts barred from federal review?

MultiRegion, United States of America

The following excerpt is from Jackson v. Conway, Docket No. 11-922-pr(L), Docket No. 11-972-pr(XAP) (2nd Cir. 2014):

A state prisoner's procedural default in the state courts will also bar federal review except in narrow circumstances not relevant here. A procedural default occurs in one of two ways. First, if the state prisoner fails to exhaust his state remedies in a manner in which, were he to return to the state courts with his unexhausted claim, those courts would find the claim barred by the application of a state procedural rule, "we 'must deem the claim procedurally defaulted.'" Id. (quoting Aparicio v. Artuz, 269 F.3d 78, 90 (2d Cir. 2001))

Page 25

Other Questions


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)
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)
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)
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)
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)
Is a state's failure to make a federal habeas claim barred in federal court by procedural default? (MultiRegion, United States of America)
Is a claim that was rejected by a state court on independent and adequate state procedural grounds barred from federal habeas review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.