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Constitutional Law--The Widening Scope Of State Habeas Corpus Relief, Lester Clay Hess Jr.
Constitutional Law--The Widening Scope Of State Habeas Corpus Relief, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger
Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger
San Diego Law Review
The Writ of Habeas Corpus is a limit on arbitrary government. The proliferation of this writ has created a problem in the federal courts. The proliferation problem is due to the application of the Bill of Rights to the states through the Fourteenth Amendment, the changes in procedural rules involving hearing habeas petitions, and the fact that the doctrine of res judicata does not apply to habeas proceedings. Two U.S. Supreme Court cases dealt the final blow to this proliferation problem by requiring evidentiary hearings when a substantive constitutional question or § 2255 was presented. This Article proposes possible solutions …
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Note, Commonwealth Ex. Rel. Stevens V. Myers, John L. Gedid
Note, Commonwealth Ex. Rel. Stevens V. Myers, John L. Gedid
John L. Gedid
No abstract provided.