Adequate & Independent State Grounds Flashcards
Adequate & Independent State Grounds
The Supreme Court can review a state court judgement only if it turned on federal grounds. The Court has no jurisdiction if the judgement below rested on adequate and independent state ground.
The Supreme Court does not have jurisdiction if the state ground is 1) adequate for the judgement, and 2) independent from federal law.
What does adequate mean?
A state law is adequate when the state law is adequate to support the judgement.
Independent
The state law does not depend/hinge on interpretation of federal law. No adequate and independent state grounds if the state law adopts or follows federal rules.
Can SCOTUS review if there is a question of state constitution / federal constitution (AISG?)
When a state court decision is unclear as to the basis of the decision, the Supreme Court can review the federal issue.