Download or read book Federal Habeas Corpus Practice and Procedure written by James S. Liebman and published by . This book was released on 1998 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Smith s Guide to Habeas Corpus Relief for State Prisoners Under 28 U S C 2254 written by Zachary A. Smith and published by . This book was released on 2011-03-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Introduction to Habeas Corpus written by Brian R. Means and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Smith s Guide to Second Or Successive Federal Habeas Corpus Relief for State and Federal Prisoners written by Zachary A. Smith and published by . This book was released on 2017-08-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Habeas for the Twenty First Century written by Nancy J. King and published by University of Chicago Press. This book was released on 2011-03-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
Download or read book Federal Habeas Corpus written by Ronald P. Sokol and published by . This book was released on 1969 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Constitutional History of Habeas Corpus written by William F. Duker and published by Praeger. This book was released on 1980-11-21 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus in America written by Justin J. Wert and published by University Press of Kansas. This book was released on 2023-09-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political-toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South. Especially in light of the new scrutiny of habeas corpus prompted by the Guantánamo detainees, Wert's book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed-because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
Download or read book Holland V McGinnis written by and published by . This book was released on 1991 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Bostick V Peters written by and published by . This book was released on 1994 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating in the Shadow of Death written by Welsh S. White and published by University of Michigan Press. This book was released on 2006 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: An absorbing account of the ways in which defense attorneys represent capital defendants, Litigating in the Shadow of Death brings to light the paramount role these attorneys have played in shaping the modern system of capital punishment. Author Welsh White explains how attorneys' skills and abilities influence the determination of which capital defendants are sentenced to death.
Download or read book Cases Without Controversies written by James E. Pfander and published by Oxford University Press. This book was released on 2021-03-17 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Download or read book Habeas Corpus Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1991 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Habeas Corpus Manual written by Freebird Publishers and published by . This book was released on 2019-08-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
