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University of Arkansas at Little Rock William H. Bowen School of Law

Habeas Corpus

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Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan Jan 2017

Not Fit To Be Tried: Due Process And Mentally-Incompetent Criminal Defendants, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

A mentally-impaired accused who cannot comprehend the nature of the proceedings or assist his counsel in presenting his defense to the criminal charge cannot be tried as a matter of due process of law. In Jackson v. Indiana, 1 the United States Supreme Court held that due process concerns also bar the never-ending jeopardy resulting from an inability to restore an impaired accused to competence for purposes of proceeding to trial. When an Arkansas circuit court ordered the dismissal of pending criminal charges against an impaired accused who could not be restored to fitness for trial, the Arkansas Supreme Court, …


The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan Oct 1995

The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan Jul 1993

A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan Jan 1992

"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.