What is the standard of habeas review for claims based on prophylactic rules?

MultiRegion, United States of America

The following excerpt is from Adams v. Peterson, 968 F.2d 835 (9th Cir. 1992):

4 Because Boykin does not apply, there is no need to address the proper standard of habeas review for claims based on prophylactic rules. See Williams v. Withrow, 944 F.2d 284, 291 (6th Cir.1991), cert. granted, --- U.S. ----, 112 S.Ct. 1664, 118 L.Ed.2d 386 (1992).

1 The stipulation is attached as an appendix.

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)
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment? (MultiRegion, United States of America)
Can a claim for asylum be denied if the claim is based on a factual predicate based on the same factual predicate? (MultiRegion, United States of America)
What is the standard of review of a motion where a claim has been made that the claim is invalid? (Canada (Federal), Canada)
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)
What is the standard of review for rejecting a refugee claim based on the notion of “refugee sur place”? (Canada (Federal), Canada)
What is the standard of review for a motion where a claim has been made that the claim is not reasonable? (Canada (Federal), Canada)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral 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.