What is the basis for a stay of federal habeas proceedings?

MultiRegion, United States of America

The following excerpt is from Sharanoff v. Warden, No. 2:13-cv-00794-TLN-AC-P (E.D. Cal. 2014):

this information, even assuming it has some material value. To the extent that petitioner is somehow contending that the testimony of the barriers surrounding the homeless encampment constitutes false evidence, this issue boils down to a challenge to the jury's credibility determinations which are entitled to near total deference on habeas review. See Schlup v. Delo, 513 U.S. 298, 330 (1995). Considering the jury was permitted to view the crime scene, they could use their own observations to assess the credibility of the police witnesses who testified about the removal of the barriers to the homeless encampment. In light of these flaws in petitioner's reasoning, as well as the lack of any constitutional basis for this claim, the court finds no basis for a stay of federal habeas proceedings.

Other Questions


Is Section 2254(d) of the Federal Criminal Code sufficient to establish that the federal habeas proceedings are the principal forum for asserting constitutional challenges to the conviction of a convicted criminal? (MultiRegion, United States of America)
How have federal appeals courts reviewed state court rulings in the context of federal habeas proceedings? (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)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Does a failure of a state court to instruct on a lesser offence present a federal constitutional question in a federal habeas corpus proceeding? (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 effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Does the term "proceeds" under section 982(a)(2) of the Federal Criminal Proceeds Act apply to a defendant who has no assets at the time of sentencing? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Is there a federal right to discovery in a habeas proceeding? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.