Legal Question in Appeals and Writs in California
Collateral Attack via Federal Courts?
Constitutional issues of alleged violations of due process and civil liberties are raised and preserved on a civil appeal. State Supreme Court declines review. All remedies now exhausted at state level.
Pending a Writ of Certiorari or after Writ denied, could a collateral attack via federal courts seeking injunctions against state (courts) be even remotely plausible under the right circumstances?
2 Answers from Attorneys
Re: Collateral Attack via Federal Courts?
Yes. DIfficult, yes; impossible, no. The state judiciary is still an arm of the state, which is specifically subject to various constitutional restrictions on its conduct. Acts by courts are state action. (Shelly vs. Kramer(1948) 334 U.S. 1, 14.)
Re: Collateral Attack via Federal Courts?
Nothing is impossible, but a federal injunction -- especially one which would be upheld on appeal -- against enforcement of a state-court civil judgment is pretty close.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
