What is the test for a claim of judicial misconduct by a state judge in the context of federal habeas review?
MultiRegion, United States of America
The following excerpt is from Garcia v. Kernan, Case No.: 3:16-cv-00911-H-PCL (S.D. Cal. 2018):
A claim of judicial misconduct by a state judge in the context of federal habeas review does not simply require that the federal court determine whether the state judge committed judicial misconduct; rather, the question is whether the state judge's behavior "rendered the trial so fundamentally unfair as to violate federal due process under the United States Constitution." Duckett v. Godinez, 67 F.3d 734, 740 (9th Cir. 1995) (citations omitted).
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