habeas reform: the streamlined procedures act
Title | habeas reform: the streamlined procedures act PDF eBook |
Author | |
Publisher | DIANE Publishing |
Pages | 141 |
Release | |
Genre | |
ISBN | 1422332977 |
Federal Habeas Corpus
Title | Federal Habeas Corpus PDF eBook |
Author | Charles Doyle |
Publisher | Nova Publishers |
Pages | 82 |
Release | 2007 |
Genre | Law |
ISBN | 9781600213021 |
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.
Streamlined Procedures Act of 2005
Title | Streamlined Procedures Act of 2005 PDF eBook |
Author | United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security |
Publisher | |
Pages | 336 |
Release | 2006 |
Genre | Law |
ISBN |
Habeas Reform
Title | Habeas Reform PDF eBook |
Author | United States. Congress. Senate. Committee on the Judiciary |
Publisher | |
Pages | 144 |
Release | 2006 |
Genre | Law |
ISBN |
Streamlined Procedures Act of 2005 : hearing before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, on H.R. 3035, November 10, 2005.
Title | Streamlined Procedures Act of 2005 : hearing before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, on H.R. 3035, November 10, 2005. PDF eBook |
Author | |
Publisher | DIANE Publishing |
Pages | 333 |
Release | |
Genre | |
ISBN | 1422334139 |
Terrorist Death Penalty Enhancement Act of 2005, and the Streamlined Procedures Act of 2005
Title | Terrorist Death Penalty Enhancement Act of 2005, and the Streamlined Procedures Act of 2005 PDF eBook |
Author | United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security |
Publisher | |
Pages | 152 |
Release | 2005 |
Genre | Law |
ISBN |
Habeas Corpus Proceedings and Issues of Actual Innocence
Title | Habeas Corpus Proceedings and Issues of Actual Innocence PDF eBook |
Author | United States. Congress. Senate. Committee on the Judiciary |
Publisher | |
Pages | 424 |
Release | 2009 |
Genre | Capital punishment |
ISBN |