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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
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Experience:  Almost 12 years of legal experience
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Is it possible to get a Federal injunction to stop a state

Customer Question

Is it possible to get a Federal injunction to stop a state from holding a sentencing hearing to hear a complaint on the Denial of Sixth Ammendment protection?
Submitted: 1 year ago.
Category: Legal
Expert:  Hammer O'Justice replied 1 year ago.
Hello.
Unfortunately not. The federal court cannot take jurisdiction over a state court matter until someone has exhausted their remedies in state court. This means filing all possible appeals in state court as well as any post conviction remedies (like habeas corpus). Only when those other avenues in state court are exhausted and there is nothing more that can be done there can a person file a petition for habeas corpus in federal court for a constitutional deprivation. Until then, a federal court has no jurisdiction and is in fact prohibited from issuing an injunction against a state court matter:
https://www.law.cornell.edu/uscode/text/28/2283
Sorry I can't give you better news.