post-conviction
Wrongful Convictions and the Avenues of Redress: The Post-Conviction Review Process in Canada
... post-conviction DNA testing statutes; some have imposed additional limitations that hinder applicants from obtaining testing, such as prohibiting applications from those (1) that have plead guilty; (2) that ...
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Is there a Federal Consitutional Right to Counsel in Capital Post Conviction Proceedings?
... Murray,23 a federal district court, on an extensive factual record, held that Virginia death row inmates have a constitutional right to attorney assistance in state post-conviction litig[r] ...
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Friend or Foe: The Sixth Amendment Confrontation Clause in Post Conviction Formal Revocation Proceedings
... Friend or Foe The Sixth Amendment Confrontation Clause in Post Conviction Formal Revocation Proceedings SMU Law Review Volume 66 | Issue 1 Article 7 2013 Friend or Foe The Sixth Amendment Confrontatio[.] ...
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Coming to Grips With the Ethical Challenges For Capital Post-Conviction Representation Posed by Martinez v. Ryan
... state post- conviction counsel; state attorneys general will have to deal with the possibility of further delay while the conflict issue is ...state post-conviction representation to be ...
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The utility of post conviction polygraph testing among sexual offenders
... knowledge there are no guidelines on how to perform a most efficient internet search. Google was the primary search engine used to reveal relevant materials. Specific sites and use links were accessed in an attempt to ...
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Post Conviction Remedies: Eliminating Federal State Friction
... Eight years earlier in 1955 the National Conference of Commissioners on Uniform State Laws had developed a Uniform Post-Conviction Procedure Act which would have very likely satisfied th[r] ...
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Judicial Efficiency and Post Conviction Relief: A Proposal for Texas
... Judicial Efficiency and Post Conviction Relief A Proposal for Texas SMU Law Review Volume 24 | Issue 4 Article 7 1970 Judicial Efficiency and Post Conviction Relief A Proposal for Texas Ira D Einsohn[.] ...
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Post Conviction Determination of Innocence for Death Row Inmates
... Post Conviction Determination of Innocence for Death Row Inmates SMU Law Review Volume 48 | Issue 1 Article 11 1995 Post Conviction Determination of Innocence for Death Row Inmates Kelli Hinson Follow[.] ...
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Entry of the Plea of Guilty in Texas: Requirements and Post Conviction Review
... Entry of the Plea of Guilty in Texas Requirements and Post Conviction Review SMU Law Review Volume 29 | Issue 3 Article 3 1975 Entry of the Plea of Guilty in Texas Requirements and Post Conviction Rev[.] ...
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"Coram Nobis"—Is It Either an Available or the Most Satisfactory Post-Conviction Remedy to Test Constitutionality in Criminal Proceedings?
... violated by any state not providing adequate post-conviction procedures for any convicted defendant to challenge his conviction on the ground of a fundamental lack [r] ...
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Ryan v. Gonzalez and the Potential Elimination of the Ineffective Assistance of Counsel Post Conviction Failsafe
... 90. See ACLU Brief, supra note 77, at *7–13. Holland v. Florida, 130 S. Ct. 2549, at 2562– 63 (2010) is one example cited by the ACLU Brief. In Holland, Florida death row inmate Albert Holland requested his counsel ...
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WHERE DO WE GO FROM HERE? - POST-CONVICTION REVIEW OF DEATH SENTENCES
... Federal courts have jurisdiction to hear federal claims presented by state prisoners under 28 U.S.C § 2254. A state prisoner should file his petition in the district court in which[r] ...
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Post Conviction Remedies in Illinois
... are to be regarded as free from all error, and a final determination" and that "interference by Nisi Prius judges with execution of such judgment constitutes a wrongful infringement of t[r] ...
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Post-Conviction Relief in Montana
... Following Fitzpatrick and Henricks, the court continued to address the merits of grounds that could have been raised on ap- peal. For example, in In re Arledge, the [r] ...
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Proven Guilty: An Examination of the Penalty Free World of Post Conviction DNA Testing
... This section discusses the innocence projects' both Cardozo's and other similar projects application screening process used in selecting the petitioners for whom they will work as advoca[r] ...
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Post Conviction Due Process Regarding Insanity Claim Prior to Execution
... Awaiting execution, Phyle had been judged insane according to the California statutory procedure whereby the prison warden must, upon belief that the convict is insane, inform the county[r] ...
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Habeas Corpus Retroactivity of Post Conviction Rulings: Finality at the Expense of Justice
... Lane,4 the Court determined that the Falconer holding, which invalidated jury instructions practically identical to those given at respondent Kevin Taylor's trial, could not be applied r[r] ...
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Criminal Jurisdiction over Indians and Post-Conviction Remedies
... The Code of Federal Regulations, title 25, also provides for a Court of Indian Offenses.' Such a court has jurisdiction only over certain enumerated offenses commi[r] ...
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Federalizing Retroactivity Rules: The Unrealized Promise of Danforth v. Minnesota and the Unmet Obligation of State Courts to Vindicate Federal Constitutional Rights
... in post-conviction proceedings (initial re- view collateral claims), such as ineffective assistance of counsel (IAC) on appeal claims, or newly-minted Brady 16 claims that emerge only ...
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Newly Discovered Evidence of Innocence: Its History and Future Treatment in Montana
... However, until the Legislature revisits the statute, the Court should endeavor to evaluate petitions for newly discovered evidence in the clearest, most consistent way possible. In that regard, a one-size-fits-all ...
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