Prisoner Petitions in the Federal Courts, 1980-96 PDF Download
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Author: John Scalia
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 28
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Author: John Scalia
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 28
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Author: James S. Liebman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 258
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Previous edition, 2nd, published in 1994.
Author: Marika F. X. Litras
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 16
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Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82
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Book Description
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:
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Category : Corrections
Languages : en
Pages : 12
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Author:
Publisher:
ISBN:
Category : Criminal statistics
Languages : en
Pages : 1302
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Author:
Publisher:
ISBN:
Category : Criminal statistics
Languages : en
Pages : 116
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Author: William P. Adams
Publisher:
ISBN:
Category : Parole
Languages : en
Pages : 12
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Author:
Publisher:
ISBN:
Category : Criminal statistics
Languages : en
Pages : 12
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Author:
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 440
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