What is the test for habeas relief from a conviction or sentence in a state court?

MultiRegion, United States of America

The following excerpt is from Williams v. Neuschmid, No. 2:18-cv-2954-MCE-EFB P (E.D. Cal. 2019):

A petitioner is entitled to federal habeas relief from a state-court conviction or sentence "only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a); Swarthout v. Cooke, 562 U.S. 216, 219 (2011) (per curiam). "[F]ederal habeas relief does not lie for errors of state law[.]" Lewis v. Jeffers, 497 U.S. 764, 780 (1990).

Page 9

B. Analysis

Other Questions


Can a petitioner seek federal habeas relief from a conviction or sentence from a state-court conviction and sentence? (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 habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (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 habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (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)
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)
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)
What is the test for federal habeas corpus relief for a state court's misapplication of its own sentencing laws? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.