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?


Asked on 7/29/07, 10:49 pm

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

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.)

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Answered on 7/30/07, 3:23 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 7/29/07, 11:28 pm


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