What is the test for a federal court to grant a motion for habeas corpus relief for ineffective counsel?

MultiRegion, United States of America

The following excerpt is from Dillion v. Lea, No. CIV S-09-2280 EFB P (E.D. Cal. 2012):

Respondent argues that this claim has not been exhausted in state court. Generally, a state prisoner must exhaust all available state court remedies, either on direct appeal or through collateral proceedings, before a federal court may consider granting habeas corpus relief. 28 U.S.C. 2254(b)(1). However, a federal court considering a habeas petition may deny an unexhausted claim on the merits when it is perfectly clear that the claim is not "colorable" Cassett v. Stewart, 406 F.3d 614, 624 (9th Cir. 2005). Assuming arguendo that petitioner's claim of ineffective assistance of counsel has not been exhausted, the court will deny it on the merits.

Page 20

Other Questions


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 a federal court have the power to grant habeas corpus relief against a state court's misapplication of its own sentencing laws? (MultiRegion, United States of America)
Can a federal court grant habeas corpus relief for alleged errors in the interpretation or application of sentencing laws by a state court? (MultiRegion, United States of America)
Can a federal court grant habeas corpus relief for alleged errors in the interpretation or application of state sentencing laws by either a state trial or appellate court? (MultiRegion, United States of America)
Can a federal court grant habeas relief against a state court's decision not to grant it? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application? (MultiRegion, United States of America)
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
What is the effect of the BIA on a motion of habeas corpus granted by the federal district court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.