Federal Habeas Corpus Practice and Procedure
Author: James S. Liebman
Publisher:
Published: 1998
Total Pages: 258
ISBN-13:
DOWNLOAD EBOOK →Previous edition, 2nd, published in 1994.
Author: James S. Liebman
Publisher:
Published: 1998
Total Pages: 258
ISBN-13:
DOWNLOAD EBOOK →Previous edition, 2nd, published in 1994.
Author: Ronald P. Sokol
Publisher: MICHIE
Published: 1969
Total Pages: 472
ISBN-13:
DOWNLOAD EBOOK →This work is a comprehensive treatment of the writ of habeas corpus in the federal courts for the practitioner.
Author: Charles Doyle
Publisher: Nova Publishers
Published: 2007
Total Pages: 82
ISBN-13: 9781600213021
DOWNLOAD EBOOK →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: Randy Hertz
Publisher: Lexis Law Publishing (Va)
Published: 2001
Total Pages: 1304
ISBN-13:
DOWNLOAD EBOOK →Previous edition, 2nd, published in 1994.
Author: Anthony Gregory
Publisher: Cambridge University Press
Published: 2013-04-15
Total Pages: 433
ISBN-13: 1107036437
DOWNLOAD EBOOK →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.
Author: United States. Congress. House. Committee on the Judiciary
Publisher:
Published: 1955
Total Pages: 132
ISBN-13:
DOWNLOAD EBOOK →Author: Larry W. Yackle
Publisher:
Published: 2003
Total Pages: 352
ISBN-13:
DOWNLOAD EBOOK →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.
Author: Zachary A. Smith
Publisher:
Published: 2011-03-01
Total Pages: 380
ISBN-13: 9780984271689
DOWNLOAD EBOOK →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: Amanda L. Tyler
Publisher: Oxford University Press
Published: 2017
Total Pages: 465
ISBN-13: 0199856664
DOWNLOAD EBOOK →Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.