Habeas Review of Perfunctory State Court Decisions on the Merits

Scott Dodson, University of Arkansas School of Law

Abstract

This paper discusses the appropriate standard of review a federal habeas court should use to review a state court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This paper will demonstrate that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that such a state court determination is an adjudication entitled to statutory deference by federal courts.