How does Collateral and Direct Attacks fit in with the full faith and credit clause?

Question

Does the Full faith and credit clause get rid of the use of colalteral attacks and direct attacks? Ares special apperances still valid? I am reading Rule 12 B (2) that gets rid of special appeearances (because you can automatically raise jursidiction issues).. does this apply to federal cases only or state cases as well?

Answer 1

No -- the Full Faith and Credit Clause does not prevent collateral attacks -- it just changes the options for what collateral attacks are allowed.

You can still collaterally attack a state conviction under federal habeas corpus -- or constitutional challenges, such as due process violations.

And direct attacks are governed by the rules for appeals -- full faith and credit doesn't apply because a direct attack is within the same court legal hierarchy -- and hence there is no other court from a different jurisdiction that is involved with granting credit (or not).