State Postconviction Remedies and Relief PDF Download

Author: Donald E. Wilkes
Publisher:
ISBN:
Category : Post-conviction remedies
Languages : en
Pages : 1538

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Author:
Publisher:
ISBN:
Category : Post-conviction remedies
Languages : en
Pages : 1698

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Book Description

Author: Donald E. Wilkes
Publisher:
ISBN:
Category : Post-conviction remedies
Languages : en
Pages : 1568

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Author: Branden Sample
Publisher:
ISBN: 9780981938547
Category :
Languages : en
Pages :

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

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

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: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Donald E. Wilkes
Publisher:
ISBN:
Category : Post-conviction remedies
Languages : en
Pages : 1622

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Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description

Author: Anthony Graves
Publisher: Beacon Press
ISBN: 0807062529
Category : Biography & Autobiography
Languages : en
Pages : 218

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Book Description
Written by a wrongfully convicted man who spent 16 years in solitary confinement and 12 years on death row, a powerful memoir about fighting for—and winning—exoneration. In the summer of 1992, a grandmother, a teenage girl, and four children under the age of ten were beaten and stabbed to death in Somerville, Texas. The perpetrator set the house on fire to cover his tracks, deepening the heinousness of the crime and rocking the tiny community to its core. Authorities were eager to make an arrest. Five days later, Anthony Graves was in custody. Graves, then twenty-six years old and without an attorney, was certain that his innocence was obvious. He did not know the victims, he had no knowledge about the crime, and he had an airtight alibi with witnesses. There was also no physical evidence linking him to the scene. Yet Graves was indicted, convicted of capital murder, sentenced to death, and, over the course of twelve years on death row, given two execution dates. He was not freed for eighteen years, two months, four days. Through years of suffering the whims of rogue prosecutors, vote-hungry district attorneys, and Texas State Rangers who played by their own rules, Graves was frequently exposed to the dire realities of being poor and black in the criminal justice system. He witnessed fellow inmates who became his friends and confidants be taken away, one by one, to their deaths. And he missed out on seeing his three young sons mature into men. Graves’s only solace was his infinite hope that the state would not execute him for a crime he did not commit. To maintain his dignity and sanity, Graves made sure as many people as possible knew about his case. He wrote letters to whomever he thought would listen. Pen pals in countries all over the world became allies, and he attracted the attention of a savvy legal team that overcame setback after setback, chiseling away at the state’s faulty case against him. Everyone’s efforts eventually worked. After Graves’s exoneration, the original prosecutor on his case was disbarred. Graves is one of a growing number of innocent people exonerated from death row. The moving account of his saga—of his ultimate fight for freedom from inside a prison cell—is as haunting as it is poignant, and as shameful to the legal system as it is inspiring to those on the losing end of it.