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The question is how such laws should be considered when state-law disputes are brought in federal court under diversity of citizenship jurisdiction because the dispute involves citizens of different states. In such cases, the rule is that federal courts apply state substantive law and federal procedurallaw.
Glossip counters that there is a “high hurdle” to overcome the presumption that the Supreme Court can review a state court ruling on an issue of federal law. And in this case, he stresses, the state court’s decision “relied directly” on federal law – specifically, the Supreme Court’s 1963 decision in Brady v.
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