Does the existence of a federal constitutional violation per se compel relief?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gallo, 859 F.2d 1078 (2nd Cir. 1988):
That finding being fully supported, I would affirm. The existence of a federal constitutional violation does not per se compel relief. Chapman v. California, 386 U.S. 18, 21-22, 87 S.Ct. 824, 826-27, 17 L.Ed.2d 705 (1967). "[S]ome constitutional errors ... are so unimportant and insignificant" and have so "little, if any, likelihood of having changed the result of the [proceeding]" that they "may ... be deemed harmless." Id. at 22, 87 S.Ct. at 827. With
Page 1083
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 1983 of the Federal Criminal Code, or does a failure to comply with prison regulations constitute a federal constitutional violation? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Does the existence and prosecution of civil forfeiture proceedings by the federal or state government constitute double jeopardy under the federal constitution? (MultiRegion, United States of America)
Does negligence constitute a violation of a federal constitutional or statutory right? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
What is the federal cause of action and damages for constitutional violations by federal actors? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a wiretap obtained in violation of neither the Constitution nor federal law admissible in federal courts? (MultiRegion, United States of America)
Can a federal conviction obtained in violation of the Constitution be challenged in federal habeas corpus? (MultiRegion, United States of America)
