What is the test for a writ of habeas against a state judge?

MultiRegion, United States of America

The following excerpt is from Anderson v. Gipson, No. 2:12-cv-2964 KJN P (E.D. Cal. 2014):

The writ can only be granted if the state court's adjudication of the proceeding "resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented at the state court proceeding." 28 U.S.C. 2254(d)(2); see Miller-El v. Cockrell, 537 U.S. 322, 348 (2003) ("To secure habeas relief, petitioner must demonstrate that a state court's finding ... was incorrect by clear and convincing evidence, 28 U.S.C. 2254(e)(1), and that the corresponding factual determination was 'objectively unreasonable' in light of the record before the court.")

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)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (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)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
Can a federal judge dismiss a state habeas petition alleging ineffective assistance of counsel? (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)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
Does a judge have jurisdiction to dismiss a judgment of a state administrative law judge? (MultiRegion, United States of America)
Is a claim that the state court misapplied state law cognizable in a federal habeas action? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.