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Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte
Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte
University of Richmond Law Review
State prisoners lost several grounds for seeking federal habeas corpus relief during the Supreme Court's 1975 term. In each case, the Court was prepared to admit, at least for the purposes of argument, that there were constitutional infirmities in the state criminal process which resulted in the confinement of the prisoner; nonetheless, the Court held that the prisoner would not be permitted to attack his conviction collaterally in federal court. Because the prisoner in Francis v. Henderson had not complied with a state procedural rule requiring such challenges to be brought before trial, the Supreme Court held that he could …
The Burger Court: Discord In Search And Seizure, Robert S. Irons
The Burger Court: Discord In Search And Seizure, Robert S. Irons
University of Richmond Law Review
The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
University of Richmond Law Review
The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …