Legal Question in Criminal Law in New York

In a federal habeas proceeding can the judge reverse a State suppression hearing judgement if he finds the evidence does not meet the standard of proof?


Asked on 2/13/11, 8:25 am

1 Answer from Attorneys
peter bark bark & karpf

A federal Judge in a habeas corpus proceeding can only reverse if he finds a constitutional violation. Merely disagreeing with a state judge is not enough. He must find an error in law. He is essentially bound by the state judge;s findings of fact unless the finding of fact is so blatant.

Read more
Answered on 2/13/11, 10:32 am


Related Questions & Answers

More Criminal Law questions and answers in New York