In what circumstances will the court grant a habeas to non-habeas claims?

MultiRegion, United States of America

The following excerpt is from Patterson v. Smith, CASE NO. 1:11-cv-01552 GSA PC (E.D. Cal. 2011):

in habeas and claims that do not, the court should allow the non-habeas claims to proceed. See Ybarra v. Reno Thunderbird Mobile Home Village, 723 F.2d 675, 681-82 (9th Cir. 1984).

Other Questions


Can a federal court grant habeas relief to a claim adjudicated on the merits in a state court? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Can a federal court grant habeas relief against a state court's decision not to grant it? (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)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in the state courts? (MultiRegion, United States of America)
In what circumstances will a declaration of termination be granted in para. 7 (b) of the statement of claim be granted? (Canada (Federal), Canada)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.