What is the test for granting a state prisoner's writ of habeas corpus?

MultiRegion, United States of America

The following excerpt is from McGauley v. Fresno Cnty. Sheriff, Case No. 1:14-cv-01686-AWI-SKO-HC (E.D. Cal. 2014):

A federal court may only grant a state prisoner's petition for writ of habeas corpus if the petitioner can show that "he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a). A habeas corpus petition is the correct method for a prisoner to challenge the legality or duration of his confinement. Badea v. Cox, 931 F.2d 573, 574 (9th

Page 4

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 a federal habeas review of the claim? (MultiRegion, United States of America)
Can a federal court grant habeas corpus to a prisoner in state custody? (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)
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)
Does a state prisoner have to prove that a state court's ruling on a claim for habeas corpus from a federal court is unenforceable? (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)
Is a conditional habeas corpus relief granted to a state prisoner a question of law or is it reviewable de novo? (MultiRegion, United States of America)
What is the effect of the denial of a state prisoner's petition for a writ of habeas corpus? (MultiRegion, United States of America)
What is the test for a writ of habeas corpus application from a state prisoner? (MultiRegion, United States of America)
Can a state prisoner apply for a writ of habeas corpus? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.