Federal habeas corpus
Protecting First Federal Habeas Corpus Petitions: Closing the Opening Left by Gomez
... Thomas,' the Supreme Court held that a court may not dismiss a first federal habeas corpus petition for ad hoc equitable reasons outside the framework of the Federal Habeas Corpus Rules.[r] ...
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Federal Habeas Corpus An Extended Remedy
... Federal Habeas Corpus An Extended Remedy SMU Law Review Volume 18 | Issue 3 Article 6 1964 Federal Habeas Corpus An Extended Remedy John P Falconer Jr Follow this and additional works at https //schol[.] ...
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Federal Habeas Corpus: Relevance of the Guilt Determination Process to Restriction of the Great Writ
... Federal Habeas Corpus Relevance of the Guilt Determination Process to Restriction of the Great Writ SMU Law Review Volume 37 | Issue 2 Article 4 1983 Federal Habeas Corpus Relevance of the Guilt Deter[.] ...
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Federal Habeas Corpus and Postconviction Claims of Actual Innocence Based on DNA Evidence
... Federal Habeas Corpus and Postconviction Claims of Actual Innocence Based on DNA Evidence SMU Law Review Volume 56 | Issue 2 Article 11 2003 Federal Habeas Corpus and Postconviction Claims of Actual I[.] ...
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Trevino v Thaler: Falling Short of Meaningful Federal Habeas Corpus Reform
... Part I of this Comment briefly discusses the history of federal habeas corpus review for state prisoners and examines Supreme Court precedent prior to Trevino. Part II presents Trevino’s facts and ...
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Incompetency and Inadequacy of Counsel as a Basis for Relief in Federal Habeas Corpus Proceedings
... Incompetency and Inadequacy of Counsel as a Basis for Relief in Federal Habeas Corpus Proceedings SMU Law Review Volume 20 | Issue 1 Article 6 1966 Incompetency and Inadequacy of Counsel as a Basis fo[.] ...
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Federal Habeas Corpus: The Effect of Holding State Capital Collateral Proceedings before a Judge Running for Re-Election
... It should be noted that the issue as presented to the court of appeals involved an allegation of a violation of due process at a trial conducted before a jury; the[r] ...
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Federal Habeas Corpus A Need for Reform
... Ten years after his conviction was affirmed in the state courts, Griffith filed a petition for a writ of habeas corpus in federal district court.. Griffith's petition raised seven ground[r] ...
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Federal Habeas Corpus and the Death Penalty: A Need for a Return to the Principles of Furman
... 322 This is due to the unique procedural situation which arises for capital defendants, sometimes forcing them to use successive habeas petitions.3 23 As a result of the Court's decision[r] ...
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A Reasoning Process Review Model for Federal Habeas Corpus
... The reasoning-process review proposed here would require federal courts to defer to a state court's decision on the merits of a federal constitutional question so long as the state court[r] ...
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HILL v. FRENCH 133 F.3d 915 (4TH CIR. 1997) United States Court Of Appeals, Fourth Circuit
... In his petition for federal habeas corpus in the United States District Court for the Western District of North Carolina, Hill raised claims regarding 1) the trial judge's[r] ...
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Coming to Grips With the Ethical Challenges For Capital Post-Conviction Representation Posed by Martinez v. Ryan
... subsequent federal habeas corpus proceedings (after explaining the Martinez equitable “exception” to the client and ascertaining that the client wants counsel to continue), does counsel have an ...
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Mapes v. Tate 388 F.3d 187 (6th Cir. 2004)
... Such troubles multiply for habeas counsel in both pre- and post-AEDPA cases because both federal habeas corpus regimes prevent the federal courts from granting relief if the issue[r] ...
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The New State Postconviction
... in federal habeas; “for non-capital defendants who have no counsel in federal court, there will be no federal habeas claims to default in the first place”); Eric ...of Habeas ...
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The Effect of Federal Court Constitutional Law Decisions on Military Law
... However, the mil- itary courts have been extremely reluctant to cite federal habeas corpus cases as precedent (unless they are U.S. Supreme Court cases made expressly[r] ...
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Current Circuit Splits
... a federal appellate court in order to file a “second or successive” habeas corpus petition with the district court as required by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) ...
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Certiorari and Habeas Corpus: The Comity Comedy
... Smyth.30 The Fourth Circuit Court of Appeals affirmed a district court's denial of habeas corpus on the ground there was no allegation of "unusual circumstances" as would justify a lower[r] ...
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Collateral Attack on Juvenile Court Delinquency Decisions
... requirements of law, the individual is entitled his immediate release.27 Although habeas corpus has been used to question detention in federal cases based upon judicial decisions alleged[r] ...
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Habeas Corpus Expedited Appellate Review of Habeas Corpus Petitions Brought by Death Sentenced State Prisoners
... On November 12, 1982, the district court denied habeas relief, holding against Barefoot on all of the claims he had raised.' 0 Although the district court denied Barefoot's petition for [r] ...
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Habeas Corpus Limited Review for Actual Innocence
... Chief Justice Rehnquist, writing for the majority, 4 4 affirmed the Fifth Circuit's decision by relying on the rule that absent an accompanying constitutional violation, a claim of actua[r] ...
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