When will we abstain from deciding on constitutional issues until the state courts can decide the constitutional issues?

MultiRegion, United States of America

The following excerpt is from Hoptowit v. Ray, 682 F.2d 1237 (9th Cir. 1982):

2 Neither party has suggested that we abstain from deciding the constitutional issues until the state courts can decide the state claims. From what we have before us, we are not persuaded that abstention is appropriate in this appeal, because resolution of state law issues would not eliminate the bulk of the federal constitutional claims. See Manney v. Cabell, 654 F.2d 1280 (9th Cir. 1980).

Other Questions


When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference? (MultiRegion, United States of America)
When will a federal district court order that a state-law issue be decided by the state courts? (MultiRegion, United States of America)
Can a federal court pass upon issues of federal law decided by a state court? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (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)
How have the courts treated the issue of a search warrant issued by 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)
Does a federal district court have jurisdiction to remand a state claim to the state court from which it was removed? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court consider whether the Chief Justice of the United States Supreme Court has any authority or authority to issue an opinion in the context of judicial review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.