· 12/20/1988
Michael R. Branan v. William E. Booth, and Robert A. Butterworth, Attorney General of the State of Florida
Citations
- 861 F.2d 1507
- 1988 U.S. App. LEXIS 17129
- 1988 WL 127628
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that federal habeas courts cannot review a state’s alleged failure to adhere to its sentencing procedures even when petitioner’s claim “is couched in terms of equal protection and due process.”
- affirming the dismissal of a state law claim as not cognizable in a federal habeas action and stating that “a habeas petition grounded on issues of state law provides no basis for habeas relief.”
- “[F]ederal courts cannot review a state’s alleged failure to adhere to its own sentencing procedures.”
- “The district court dismissed the petition with prejudice, finding the issue to be one of state law and, thus, not cognizable in a federal habeas action. We affirm.”
- “This limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is “couched in terms of equal protection and due process.”
- “In the area of state sentencing guidelines in particular, we consistently have held that federal courts can not [sic] review a state's alleged failure to adhere to its own sentencing procedures.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hill, Fay, Edmondson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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