What is the test for overturning a federal court's denial of a habeas corpus petition?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hampton, 930 F.2d 30 (9th Cir. 1991):

A district court's denial of habeas corpus petition is reviewed de novo. Shah v. United States, 878 F.2d 1156, 1159 (9th Cir.1989). To the extent it is necessary to review findings of fact, the clearly erroneous standard applies. Norris v. Risley 878 F.2d 1178, 1180 (9th Cir.1989).

A guilty plea will not be set aside after sentencing unless a manifest injustice would result. U.S. v. Hoyos, 892 F.2d 1387 (9th Cir.1989). The voluntariness of a guilty plea, however, is subject to de novo review. U.S. v. Zweber, 913 F.2d 705, 710 (9th Cir.1990). The denial of an evidentiary hearing on a Section 2255 motion will not be disturbed on appeal absent abuse of discretion. Shah v. United States, 878 F.2d 1156, 1159 (9th Cir.1989).

Other Questions


How have courts reviewed a district court's denial of a petition for habeas corpus? (MultiRegion, United States of America)
Can a federal district court consider a petition for writ of habeas corpus challenging a conviction by a state court? (MultiRegion, United States of America)
If a federal habeas corpus judge finds that a state criminal court violated the Fourth Amendment, what are the implications for the federal court? (MultiRegion, United States of America)
Can a federal court dismiss a state prisoner's federal habeas corpus petition on statute limitations grounds? (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 jurisdiction has been granted to an appeal by a federal district court against the denial of a petition for habeas corpus? (MultiRegion, United States of America)
Can a Federal Habeas Corpus Petitions Petitions be brought before the Court? (MultiRegion, United States of America)
What are the findings of a federal court's denial of a habeas corpus petition de novo? (MultiRegion, United States of America)
What is the effect of the failure of the federal district court to appoint counsel below to assist in handling the federal habeas corpus petition? (MultiRegion, United States of America)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.