What is the minimum probability of success on the merits of a federal due process claim?

MultiRegion, United States of America

The following excerpt is from Aladdin Hotel Corp. v. Nevada Gaming Commission, 637 F.2d 582 (9th Cir. 1980):

On any federal due process claim, plaintiffs could establish the minimum probability of success on the merits only if they could show the deprivation of a protected property interest. Not all rights and privileges are entitled to federal due process protection. The Fourteenth Amendment "property" interests entitled to protection are created by state law rules and understandings. Board of Regents v. Roth, 408 U.S. 546, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972). There must be a legitimate claim of entitlement to the benefit, not merely an abstract need or desire for it. Id.

Other Questions


When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (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)
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)
Is a second or successive habeas petition filed in a federal district or federal court a "second or successive" application? (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 federal habeas review of the claim? (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)
Can a federal court exercise jurisdiction over constitutional questions when the claim asserted is so attenuated and unsubstantial that the claim is absolutely devoid of merit? (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 federal habeas court have to presume that a federal claim was adjudicated on the merits? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.