Author: James S. LiebmanPublisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 258
Book Description
Previous edition, 2nd, published in 1994.
Federal Habeas Corpus Practice and Procedure
Author: James S. LiebmanPublisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 258
Book Description
Previous edition, 2nd, published in 1994.
Federal Habeas Corpus
Author: Ronald P. SokolPublisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 472
Book Description
This work is a comprehensive treatment of the writ of habeas corpus in the federal courts for the practitioner.
Federal Habeas Corpus
Author: Charles DoylePublisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82
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.
Introduction to Habeas Corpus
Author: Brian R. MeansPublisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 0
Book Description
Federal Habeas Corpus Practice and Procedure
Author: Randy HertzPublisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 1304
Book Description
Previous edition, 2nd, published in 1994.
Habeas Corpus
Author: United States. Congress. House. Committee on the JudiciaryPublisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 132
Book Description
Federal Habeas Corpus
Author: Andrea D. LyonPublisher:
ISBN:
Category : Law
Languages : en
Pages : 590
Book Description
Habeas corpus law changed dramatically after Congress passed the Anti-Terrorism and Effective Death Penalty Act (AEDPA) in 1996. This new book provides a comprehensive view of the latest developments in the field and will continue to be supplemented as Congress passes new legislation and as courts try to make sense of how that legislation affects habeas law.After providing a background on the history of habeas corpus and an overview of common habeas corpus claims, the book examines subject matter jurisdiction, habeas corpus litigation, clemency, stays of execution, and innocence. The book concludes by examining the future of habeas corpus litigation.While this book is primarily intended for law students, it will be useful for attorneys specializing in post-conviction and habeas work. It will also be a valuable addition to the libraries of appellate public defenders across the country.
Federal Habeas Corpus
Author: Brandon GarrettPublisher:
ISBN: 9781609301880
Category : Habeas corpus
Languages : en
Pages : 0
Book Description
This casebook is the first to cover federal habeas corpus comprehensively, presenting post-conviction review and executive detention litigation in an accessible way. It is designed both for standalone courses on habeas corpus, and for courses focusing on post-conviction litigation, wrongful convictions, and national security detention. The first two chapters introduce students to the habeas privilege and the Suspension Clause. A four-chapter unit on post-conviction litigation carefully explores cognizability, procedural doctrines, and merits adjudication. Two chapters develop the role habeas plays in review of immigration and other types of civil detention. A substantial two-chapter unit examines habeas review of military custody.
Federal Courts
Author: Larry W. YacklePublisher:
ISBN:
Category : Law
Languages : en
Pages : 352
Book Description
This book concentrates on federal court authority to entertain habeas corpus petitions filed by state prisoners who claim that they were convicted or sentenced in violation of their federal constitutional rights. Lower federal courts have no appellate jurisdiction to review state court judgments in criminal cases. Nevertheless, federal courts revisit state convictions and sentences indirectly when they adjudicate federal claims in habeas corpus proceedings. Federal court authority under this heading has theoretical implications for the federal system, as well as practical significance for the implementation of constitutional standards in criminal cases, particularly in capital cases.
Federal Habeas Corpus Practice and Procedure
Author: James S. LiebmanPublisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 372
Book Description
Previous edition, 2nd, published in 1994.