What is the burden of establishing an independent and adequate state procedural ground as an affirmative defense?
MultiRegion, United States of America
The following excerpt is from Jensen v. Hernandez, 864 F.Supp.2d 869 (E.D. Cal. 2012):
11. In conceding this point, petitioner does not seek to meet his burden of establishing otherwise. See Bennett v. Mueller, 322 F.3d 573, 583 (9th Cir.2003) (once the state has adequately pled the existence of an independent and adequate state procedural ground as an affirmative defense, the burden to place that defense in issue shifts to the petitioner).
"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 state's burden of proving that it has an independent and adequate state procedural ground? (MultiRegion, United States of America)
Is a claim that was rejected by a state court on independent and adequate state procedural grounds barred from federal habeas review? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
What is the burden of pleading as an affirmative defense that a failure to satisfy a state procedural rule forecloses federal review? (MultiRegion, United States of America)
What is the burden of pleading and proving that a state procedural bar is adequate and independent? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
What is the test for vagueness in a section of the New York State Code of Criminal Procedure on the grounds that the phrase "other sexual behavior of a deviate nature" fails to give adequate notice of the conduct declared to be criminal? ("New York", United States of America)
If a state court denies a petition for post conviction relief on procedural grounds, can the petitioner still use the proper procedure? (MultiRegion, United States of America)
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution? (MultiRegion, United States of America)
