State and Federal Postconviction Remedies

State and Federal Postconviction Remedies PDF

Author: Ursula Bentele

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9780769865690

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State and Federal Postconviction Remedies: Last Hopes will serve as a useful text for courses on postconviction remedies (whether comprehensive or focused on either state remedies or federal habeas, as each area benefits from some knowledge of the other), for appellate practice courses that include such remedies, as well as for law school clinics devoted to seeking relief for indigent prisoners. This text will also be of assistance to those involved in postconviction litigation, whether as advocates for prisoners seeking postconviction relief, as prosecutors responding to postconviction applications, or as law clerks in the chambers of judges adjudicating these claims. Chapter One provides a brief history of postconviction remedies and an overview of the various procedures available in state and federal courts. Chapters Two and Three survey the state postconviction scene, providing cases that illustrate the most common grounds for relief and describing the procedural hurdles an applicant must overcome. Chapters Four, Five and Six address federal habeas corpus, first noting the restrictions on grounds for relief, then detailing the procedural requirements, and finally, illustrating how habeas works in practice through five opinions capturing some of the most significant principles at work in this area. Chapter Seven highlights ethical issues that are particularly likely to arise for counsel in postconviction practice, whether defense attorneys or prosecutors. Appendix A contains the principal postconviction statutes and rules of four states, illustrating a variety of approaches. Finally, Appendix B contains the major federal statutes and rules, as well as the form application to be used by state prisoners seeking federal habeas relief.

Post-Conviction Relief

Post-Conviction Relief PDF

Author: Kelly Patrick Riggs

Publisher:

Published: 2017-03-31

Total Pages: 210

ISBN-13: 9780991359158

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This book is written in layman's terms. It will provide you with the understanding that the courts don't want you to have. This book is not only an informative research guide it is also a plain terms resource manual. With this book, you will be armed with a unique understanding of the Habeas Corpus process used by both state and federal prisoners who seek relief in the United States district courts. This book is written to guide the layman through a complicated web of court rules and statutes that have, throughout the years, been passed and utilized by Bar members to deny relief to even the innocent. This book provides form letters, sample motions, and memorandum briefs with full instructions that will likely be needed by every prisoner who seeks justice. This book will assist state and federal prisoners with obtaining documents and an understanding of how to effectively structure Pro Se pleadings. It will teach you how to study a criminal case and evaluate sound constitutional claims. If you or a loved one is or has been a victim of the American criminal justice system, it's safe to assume that you have looked for guidance in one form or another. It's also safe to say that there exists no single, all encompassing, source that will offer relief in every case. What's needed in every case lies within you and the law, that's the desire to do justice. This book is different from all others for two reasons: One, it gives you, in simple terms, an understanding of a right that the United States Constitution guarantees to all people, the right to justice. Two, it provides you resources successfully used by prisoners and is written from the perspective of an American citizen who has been victimized by an overzealous court. This book provides the experience of an actual habeas corpus petitioner filing in Pro Se, in necessity, rather than the hypothetical theory of a law clerk working for the weekend.

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