Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte
Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte
University of Richmond Law Review
State prisoners lost several grounds for seeking federal habeas corpus relief during the Supreme Court's 1975 term. In each case, the Court was prepared to admit, at least for the purposes of argument, that there were constitutional infirmities in the state criminal process which resulted in the confinement of the prisoner; nonetheless, the Court held that the prisoner would not be permitted to attack his conviction collaterally in federal court. Because the prisoner in Francis v. Henderson had not complied with a state procedural rule requiring such challenges to be brought before trial, the Supreme Court held that he could …