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The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen
The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen
West Virginia Law Review
The year 1963 may be marked as another milestone in the evolution of the federal writ of habeas corpus. Two recent decisions of the United States Supreme Court have resolved with long needed clarity two threshold problems that face a district court when application for the writ comes from a state prisoner: (1) what issues may be raised and (2) what effect is to be given previous state court consideration of these same issues. Though storms of protest resounded a decade ago about abuse of the writ, the habeas corpus scene in more recent years has been relatively quiet. While …