What is the test for a federal court to review a motion for writ of habeas corpus brought by a person in custody pursuant to a state court judgment?

MultiRegion, United States of America

The following excerpt is from Munoz v. Hubbard, CASE NO. 11-CV-2321-H (S.D. Cal. 2012):

A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. 636(b)(1). If a party objects to any portion of the report, the district court "shall make a de novo determination of those portions of the report . . . to which objection is made." Id. A federal court may review a petition for writ of habeas corpus by a person in custody pursuant to a state court judgment "only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a); accord Williams v. Taylor, 529 U.S. 362, 375 n.7 (2000).

Other Questions


Can a federal court review a petition for habeas corpus by a person in custody pursuant to a state court judgment? (MultiRegion, United States of America)
Can a federal court entertain an application for habeas corpus on behalf of a person in custody pursuant to a judgment of a state court? (MultiRegion, United States of America)
In a habeas proceeding brought by a person in custody pursuant to a judgment of a state court, what is the burden of proving that a finding made by the state is correct? (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)
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)
What is the test for establishing that a claim before the Federal Court of Justice is a motion brought by a plaintiff in a personal injury case brought before the federal court? (MultiRegion, United States of America)
Does relief by way of habeas corpus extend to a person in custody pursuant to the judgment of a state court? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
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)
How have federal appeals courts reviewed state court rulings in the context of federal habeas proceedings? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.