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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.