Can a federal court review an error in the jury instruction of a defendant?
MultiRegion, United States of America
The following excerpt is from Dudley v. Dalsheim, 686 F.2d 110 (2nd Cir. 1982):
Appellant, admittedly failed to raise at trial or appeal the error he now claims concerning the jury instruction, in conformity with state procedural law. Consequently the alleged error in the charge was not considered on its merits and, therefore, may not be reviewed by the federal courts on a petition for habeas corpus. Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977).
Page 112
"The most advanced legal research software ever built."
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.
Other Questions
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Can a federal habeas court review a claim made by a state court against a federal defendant? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
Can a federal court order that a defendant be held in contempt of court for failing to comply with a federal contempt order? (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 reviewing a district court's confirmation of an arbitral award, does the court need to review a finding of fact for "clear error"? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Can a federal court review a claim of instructional error? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
