Can an application for a writ of habeas corpus be made in a judgment of the same state?

MultiRegion, United States of America

The following excerpt is from Himmelberger v. Arnold, No. 2:16-cv-0530 GEB CKD P (E.D. Cal. 2016):

An application for a writ of habeas corpus by a person in custody under a judgment of a state court can be granted only for violations of the Constitution or laws of the United States. 28 U.S.C. 2254(a). Also, a writ of habeas corpus can issue only upon claims where the fact or duration of confinement is challenged. Nettles v. Grounds, No. 12-16935, 2016 WL 4072465 at *8 (9th Cir. July 26, 2016). Furthermore, when success on a claim would "not necessarily spell speedier release" the claim is not properly brought in a 2254 petition for writ of habeas corpus. Id. at *5 & *9.

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