Report to the Attorney General on Federal Habeas Corpus Review of State Judgments PDF Download
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Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 112
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Book Description
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 112
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 90
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Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 90
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Book Description
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 112
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Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82
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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: Stephen S. Trott
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 20
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Author: United States. Attorney General's Committee on Poverty and the Administration of Federal Criminal Justice
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 180
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Author: Jack B. Weinstein
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 918
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