What is the test for relitigation of a claim under section 2254(d) of the California Statutory Relitigation Act?

MultiRegion, United States of America

The following excerpt is from Pack v. Peery, No. 1:13-cv-00585-DAD-SKO HC (E.D. Cal. 2016):

"By its terms, 2254(d) bars relitigation of any claim 'adjudicated on the merits' in state court, subject only to the exceptions set forth in 2254(d)(1) and (d)(2)." Harrington v. Richter, 562 U.S. 86, 98 (2011).

Other Questions


What is the test for a claim under section 815.6 of the California Tort Claims Act? (MultiRegion, United States of America)
Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
What is the scope of a section 2(2) of the Human Rights Act, section 3(4) and section 4(5) of The Queen’s Speech to the House of Representatives on the issue of same sex discrimination? (Canada (Federal), Canada)
Does Section 2410(a)(1)(1) of the Federal Credit Union Act distinguish between a claim against the lender and a claim seeking to extinguish the liens? (MultiRegion, United States of America)
Does Claim 5(Q) relate back to Claim 5 (D)? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure apply to a claim that was previously dismissed under Section 1915? (MultiRegion, United States of America)
What is the limitation period for a claim brought under Section 1983 of the California Personal Injury Act? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
What is the test for equitable tolling under section 2244(d) of the Statutory Limitations Act? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.