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 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 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 The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.
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 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 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 The California Prison and Parole Law Handbook written by Heather MacKay and published by . This book was released on 2019 with total page 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 Habeas Corpus written by Eric M. Freedman and published by NYU Press. This book was released on 2002-02-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view. Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.
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 Constitutional Rights of Prisoners written by John W. Palmer and published by Routledge. This book was released on 2014-09-19 with total page 1159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.
Download or read book Another Bite at the Apple written by Janice Bergmann and published by American Bar Association. This book was released on 2009 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Another Bite at the Apple: A Guide to Section 2255 Motions for Federal Prisoners is the first book of its kind to focus on the special procedures and concerns that arise when a prisoner moves to Avacate, set aside, or correct a federal conviction or sentence under Section 2255. This book is especially important now as Section 2255 proceedings have become significantly more complex with the enactment of the Antiterrorism and Effective Death Penalty Act.
Download or read book Postconviction Remedies written by Larry W. Yackle and published by . This book was released on 1981 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
