Is a conditional habeas corpus relief granted to a state prisoner a question of law or is it reviewable de novo?
MultiRegion, United States of America
The following excerpt is from Marino v. Vasquez, 812 F.2d 499 (9th Cir. 1987):
The district court's determination that bail is available to a state prisoner granted conditional habeas corpus relief in federal court is a question of law, and thus reviewable de novo. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc) cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984). 10
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