De Novo Habeas Myth
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
18946_illuminated-manuscript-habeas · CRIMINAL · Choice Agranted, because Barnabas has exhausted every available state remedy.
Why it's attractive
The choice gives a gateway fact as if it were a merits reason.
Why it's wrong
The choice gives a gateway fact as if it were a merits reason.
18946_illuminated-manuscript-habeas · CRIMINAL · Choice Bdenied, because the United States Supreme Court's denial of certiorari conclusively decided the Fourth Amendment issue against Barnabas.
Why it's attractive
The choice turns a refusal to hear the case into a final merits ruling.
Why it's wrong
The choice turns a refusal to hear the case into a final merits ruling.
18946_illuminated-manuscript-habeas · CRIMINAL · Choice Dgranted, because a federal district court may reconsider the Fourth Amendment suppression ruling de novo in a state prisoner's habeas case.
Why it's attractive
The choice assumes federal habeas means a fresh suppression hearing.
Why it's wrong
The choice assumes federal habeas means a fresh suppression hearing.
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