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Criminal Law

University of Georgia School of Law

1985

Habeas corpus

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The Great Writ: No Longer As Dear To The Tories As To The Whigs -- A Critique Of Senator Nunn's Habeas Corpus Article, Donald E. Wilkes Jr. Jan 1985

The Great Writ: No Longer As Dear To The Tories As To The Whigs -- A Critique Of Senator Nunn's Habeas Corpus Article, Donald E. Wilkes Jr.

Scholarly Works

The days of praise for the Great Writ from all political quarters are over. Today the legal literature includes a growing body of articles lashing out at the modern federal habeas corpus remedy for state prisoners authorized by 28 U.S.C. § 2254 and advocating statutory changes to make it more difficult to obtain Section 2254 relief. In the vanguard of these articles are those by conservative political figures or law enforcement officials. In 1984 this criticism of the Section 2254 remedy in scholarly journals arguably reached its zenith, in terms of degree of harshness, when the attorney general of Alabama …