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2254(d) "Contrary To" Prong Explicated

By Jonathan Soglin

Last week, in Frantz v. Hazey, no. 05-16024 (9th Cir., Jan. 22, 2008) an en banc Ninth Circuit panel clarified how a federal habeas court is to proceed when it finds that a state court decision is contrary to US Supreme Court authority. Under subdivision (d)(1) of 28 USC sec. 2254, habeas relief is available to a state prisoner who shows that the state court decision is contrary to or constitutes an unreasonable application of US Supreme Court authority. The question for the court was whether habeas relief is available simply upon a showing that the state court applied the wrong constitutional standard. In an opinion authored by Judge Berzon, the court explained that the petitioner, beyond showing that the state court decision was "contrary to" SCOTUS caselaw, must also show an actual constitutional violation...continue to full post

Full post as published by Criminal Appeal on January 31, 2008 (boomark / email).