The following excerpt is from Michaels v. Chappell, CASE NO. 04cv0122-JAH (JLB) (S.D. Cal. 2014):
U.S. ___, 131 S.Ct. 859, 862 (2011). "Habeas corpus relief for an asserted violation of due process [arising from a violation of state law] is available only when the state court's action is arbitrary or fundamentally unfair." Cooks v. Spalding, 660 F.2d 738, 739 (9th Cir. 1981); see also Richmond v. Lewis, 506 U.S. 40, 50 (1992) (the question on habeas review is whether the asserted state law error was "so arbitrary or capricious as to constitute an independent due process or Eighth Amendment violation."), quoting Lewis v. Jeffers, 497 U.S. 764, 780 (1990).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.