What is the test for determining whether a state court has applied the correct federal standards?

MultiRegion, United States of America

The following excerpt is from Cha v. Ground, No. 2:12-CV-2197-CMK-P (E.D. Cal. 2016):

Because the state court applied the correct controlling federal standards, this court reviews to determine whether the state court decision was the result of an unreasonable application of the facts to those standards. In so doing, the court notes that an "unreasonable application" occurs only when the state court "erred so transparently that no fairminded jurist could agree with that court's decision." Bobby v. Dixon, 132 S.Ct. 26, 27 (2011).

Other Questions


Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (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)
What is the test for determining whether a federal court would interpret a state's position on an issue before making a federal determination? (MultiRegion, United States of America)
Does a federal court have jurisdiction to determine whether a state court's determination was incorrect? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
Does a state court have jurisdiction to determine whether ERISA preemption applies in the federal courts? (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)
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)
What is the difference between federal and state law in determining whether a corporation can sue in a federal court in a diversity action? (MultiRegion, United States of America)
Does a state court have more latitude than a federal court to reasonably determine that a defendant has not satisfied the standard of conduct required for a motion to be heard in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.