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Swarthout v. Cooke, 10–333

The Ninth Circuit's grant of habeas relief, based on its conclusion that the state courts had misapplied California's "some evidence" rule, is reversed where: 1) a federal court may issue a writ of habeas corpus to a state prisoner only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States; and 2) there is no U.S. Supreme Court precedent supports converting California's "some evidence" rule into a substantive federal requirement.

Appellate Information

  • Decided 01/24/2011
  • Published 01/24/2011



  • United States Supreme Court