Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Faculty Publications
This article discusses the appropriate standard of review a federal habeas court should use to review a state-court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This article argues that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that …