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Full-Text Articles in Law
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
William & Mary Law Review
Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …
Herrera V. Collins: The Gateway Of Innocence For Death-Sentenced Prisoners Leads Nowhere, Vivian Berger
Herrera V. Collins: The Gateway Of Innocence For Death-Sentenced Prisoners Leads Nowhere, Vivian Berger
William & Mary Law Review
No abstract provided.
Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey
Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey
William & Mary Law Review
No abstract provided.
Book Review Of Preludes To Gideon, George D. Horning Jr.
Book Review Of Preludes To Gideon, George D. Horning Jr.
William & Mary Law Review
No abstract provided.