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He petitioned for a writ of habeas corpus, which allows a defendant to argue that a state judgment violated federal or constitutional law.
39 Even after this Court has declined to review a state judgment denying relief, other federal courts have power to act on a new application by the prisoner.
Like considerations, we think, require us to refuse to entertain such new grounds of attack as a support for a state judgment of invalidity based on an erroneous construction of the Constitution.
Because of the sensitivity of federal-state relations and the delicate nature of the matters presented in litigation touching upon them, jurisdiction to review decisions of a state court is dependent in its exercise not only upon ascertainment of the existence of a federal question but upon a showing of exhaustion of state remedies and of the finality of the state judgment.
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Justice Department policy nevertheless recommends restraint when pursuing individuals after state judgments.
It is immaterial whether the state judgments were obtained before or after the effective date of the Extension Act.
Only a word need be said as to the contention that § 265 of the Judicial Code forbids an injunction against the execution of state judgments by state officers.
The O'Connor opinion's insistence on deference to state judgments was so strong that as a practical matter the debate over whether there is a theoretical point at which a state might make an unconstitutional choice is now moot.
Although we are bound to give full faith and credit to the substance of foreign state judgments, procedure and remedies are different from substance; and what is procedure and what is substance is determined by the forum.
The state judgments were entered after June 30 , 1946 the termination date of the Emergency Price Control Act, and before July 25 , 1946 the date of the approval by the President of the Price Control Extension Act.
Modern doctrine is correct to hold that federal courts can review state judgments for their compliance with jurisdictional standards.
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