What is the test for determining whether a jury instruction in a habeas proceeding is unconstitutional?
MultiRegion, United States of America
The following excerpt is from Morris v. Woodford, 273 F.3d 826 (9th Cir. 2001):
When considering an allegedly erroneous jury instruction in a habeas proceeding, an appellate court first considers whether the error in the challenged instruction, if any, amounted to "constitutional error." Calderon v. Coleman, 525 U.S. 141, 146 (1998). If so, the court then considers whether the error was harmless. Id. at 145, 119 S. Ct. 500.
"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 test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
In reviewing jury instructions, what is the test for determining whether the jury instructions as a whole are misleading or inadequate to guide deliberations? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining whether there is sufficient evidence to determine whether there was persecution against Elias Zacarias? (MultiRegion, United States of America)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
Is there a need for a plenary hearing to determine whether a prisoner is entitled to no relief in a federal habeas corpus proceeding? (MultiRegion, United States of America)
What is the test for determining whether an agency's silence is sufficient to determine whether a decision was arbitrary or capricious? (MultiRegion, United States of America)
