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University of Richmond

1977

Schneckloth v. Bustamonte

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Hon. Lewis F. Powell, Jr.: Five Years On The Supreme Court: Mr. Justice Powell: An Overview, J. Harvie Wilkinson Iii Jan 1977

Hon. Lewis F. Powell, Jr.: Five Years On The Supreme Court: Mr. Justice Powell: An Overview, J. Harvie Wilkinson Iii

University of Richmond Law Review

In January of 1977, Justice Lewis F. Powell, Jr., marked his fifth anniversary as an Associate Justice of the Supreme Court of the United States. Any definitive evaluation of Justice Powell at this hopefully still early stage of his judicial service is impossible. Yet the 1975 term of Court-Powell's fifth-marked him as a Justice of great collegial impact and, in terms of his own career, saw a coming of age: an end, if you will, to the beginning.


Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte Jan 1977

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 …