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Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke Jan 1996

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.


An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin Jan 1996

An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin

Cornell Law Faculty Publications

For many prisoners, federal habeas corpus stands as the last opportunity to challenge the constitutionality of their convictions or sentences. Simply navigating through the procedural maze of habeas practice, however, is a formidable task for inmates proceeding pro se and prisoners represented by counsel. Tragically, those who have had a fundamentally unfair trial, and even those who are innocent, may easily stumble. Since 1867, habeas corpus, or the Great Writ, has been available to state prisoners "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or ...