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Criminal Procedure Commons

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West Virginia University

Journal

1967

Habeas corpus

Articles 1 - 2 of 2

Full-Text Articles in Criminal Procedure

Habeas Corpus In West Virginia, Fred L. Fox Ii Apr 1967

Habeas Corpus In West Virginia, Fred L. Fox Ii

West Virginia Law Review

No abstract provided.


Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen Apr 1967

Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen

West Virginia Law Review

In answer to the complaints of numerous federal judges that they were being engulfed by a flood of habeas corpus petitions, Congress in 1948 enacted a complete revision of the habeas corpus provisions of the Judicial Code. Part of this revision was title 28, section 2255, of the United States Code which "restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis." Adopted upon the recommendation of the Judicial Conference of the United States, its declared purpose was to provide "an expeditious remedy for correcting erroneous sentences without resort to habeas corpus." The …