Smith's Guide to State Habeas Corpus Relief for State Prisoners PDF Download

Author: Zachary A. Smith
Publisher:
ISBN: 9780989592468
Category :
Languages : en
Pages :

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Book Description
Provides detailed information and instructions for seeking relief via state habeas petition and for exhausting state-court remedies before proceeding to federal court to file a 2254 petition or an application to file a second or successive habeas petition. Includes state habeas rules and statutes for all 50 states.

Author: Zachary A. Smith
Publisher:
ISBN: 9780984271689
Category : Law
Languages : en
Pages : 380

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Book Description
Smith's Guide to Habeas Corpus Relief provides a complete reference for the entire process of filing Habeas Corpus appeals for state prisoners. It includes example documents and full information on time limits for every step of the process. Designed to be used by prisoners working on their own behalf, it also serves as a guide to monitor the progress and diligence of attorneys working for prisoners who may be less attentive to deadlines than desired. Blank forms and fully-detailed example forms are included. Step by step instructions walk anyone through the process from start, to the last form and addendum to be sent to the US. Supreme Court.

Author: Zachary A. Smith
Publisher:
ISBN: 9781946970909
Category :
Languages : en
Pages : 352

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Book Description
For those seeking to file a second or successive habeas petition under 2244 or 2255, based on newly discovered evidence or retroactive effect of a U.S. Supreme Court case, this book provides detailed instructions for preparing the application. WISDOM IS THE KEY TO SUCCESS Get Wise; Get a Smith's Guide(TM) All Smith's Guides are designed for the beginning pro se prisoner and the practicing pro se litigator alike and are complete with example pleadings from successful cases. Let Smith guide you step-by-step through the courts and do it right the first time--every time.

Author: Zachary Smith
Publisher:
ISBN: 9780989592413
Category :
Languages : en
Pages : 288

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Book Description
This book is an invaluable resource for any prisoner fighting for his or her freedom. Armed with knowledge unknown by most other clemency applicants, he or she will gain a serious advantage. Smith lays out every aspect of the clemency process, step by step: the relief available, the statutory regulations (for all fifty state jurisdictions as well as federal), the grounds for executive clemency, the self-development, personal growth, and transformation processes, social intelligence, communication skills, clemency campaign strategies, how to prepare a clemency application, examples of successful applications, and much more.

Author: Freebird Publishers
Publisher:
ISBN: 9781733282611
Category : Law
Languages : en
Pages : 278

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Book Description
The Habeas Corpus ManuelThis book is written specifically for the pro se inmate. Within its pages lay the necessary information, process, and instruction necessary in obtaining relief in your state habeas corpus.From the initial investigation through the filing of your writ of habeas corpus, you are provided effective forms, motions, and detailed instructions specific to state level habeas corpus.Armed with this book, relief is only a few pages away if done properly and effectively. Any pro se inmate serious about post-conviction relief should order a copy. Even if you aren't an inmate and are looking to overturn a conviction, sentence, etc. this is the book for you.Includes hundreds of case cites and actual opinions for you to use.

Author: Ivan Denison
Publisher: CreateSpace
ISBN: 9781497315426
Category :
Languages : en
Pages : 344

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Book Description
Pro se state prisoners seeking a federal writ of habeas corpus under 28 U.S.C. 2254 need only this book to guide them through the federal court system. Flipping your Habe contains step-by-step instructions, 21 sample filings and forms, over 400 case cites, and all applicable federal rules. At 336 pages, 81/2 x 11 softcover, it is the perfect instruction book for a prisoner in any state facility. Ivan Denison has simplified the 2254 process much the same way he made state post-conviction relief easy in Flipping Your Conviction: The Complete Guide to Post-Conviction Relief for the Pro Se State Prisoner. No matter which state has imprisoned you, Ivan Denison's books are a must-have once you've been abandoned by counsel.

Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82

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Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.

Author: Ivan Denison
Publisher: CreateSpace
ISBN: 9781512179255
Category :
Languages : en
Pages : 340

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Book Description
Ivan Denison, author of Flipping Your Conviction (2013) and Flipping Your Habe (2014), has collected the 200 U.S. Supreme Court cases containing the most important issues for state prisoners. The selected cases focus on criminal defense, ineffective assistance of counsel, post-conviction remedies, 2254 habeas corpus, 1983 civil litigation and prisoners' rights. The ten cases most frequently requested by state prisoners are printed in full; all others have been carefully edited to highlight the most relevant sections. From U.S. v Blockburger (1932) to Holt v Hobbs (2015), these cases are made easy to understand. Critical sections of the Opinions are printed verbatim, for accurate citation when writing legal briefs. A working knowledge of all 200 cases is indispensable for any legal advocate - attorney, law student, jailhouse lawyer, or pro se prisoner - as a foundation for applying Supreme Court precedent to state prisoners' legal issues. This reference is a tool that a litigant will reach for frequently. Printed as softcover, 81/2 by 11, over 300 pages, The Essential Supreme Court Cases can be mailed into any jail or prison. At ten cents per case, this reference work is a true bargain. US $19.95

Author: James S. Liebman
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 258

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Book Description
Previous edition, 2nd, published in 1994.

Author: Zachary Smith
Publisher:
ISBN: 9780989592420
Category :
Languages : en
Pages : 256

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Book Description
When Zachary A. Smith's father died unexpectedly while Zachary was incarcerated, he received a small inheritance from his father's estate. The State of Missouri filed a civil suit against him under the Missouri Incarceration Reimbursement Act (MIRA). Smith secured a dismissal of the State's suit, but the State appealed and the dismissal was overturned. The court entered judgment against Smith, ordering the Missouri Department of Corrections to collect 90% of any money deposited into his inmate account by friends and family. Seeing that fighting the MIRA case in state court was getting him nowhere, Smith started researching United States Bankruptcy Codes and found a loophole. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. In Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934), the Supreme Court made this point about the purpose of the bankruptcy law: It gives to the honest but unfortunate debtor...a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against them to collect those debts. All SMITH'S GUIDES are made to be as helpful as possible (see also "SMITH'S GUIDE to Habeas Corpus Relief for State Prisoners Under 28 U.S.C. 2254," and "SMITH'S GUIDE to Executive Clemency for State and Federal Prisoners"). At the end of each chapter, the reader will find completed examples of the forms required to be filed in order to start their bankruptcy case. The reader will also find blank forms at the end of this book, which may be removed, filled out, and filed with the appropriate bankruptcy court. Of course, this book is not just for the type of debt discussed above, it is for the prisoner (or nonprisoner) who has outstanding debts and wants a fresh start. "SMITH'S GUIDE to Chapter 7 Bankruptcy for Prisoners" is an invaluable resource guide for prisoners and civilians alike, who need financial freedom from their past debts.