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New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.

University of Richmond Law Review

The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.