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Full-Text Articles in Law
Collateral Consequences Of Pretrial Diversion Programs Under The Heck Doctrine, Bonnie Gill
Collateral Consequences Of Pretrial Diversion Programs Under The Heck Doctrine, Bonnie Gill
Washington and Lee Law Review
Following the Introduction, Part II of this Note gives an overview of federal and state pretrial diversion programs. Part III explores the statutory and doctrinal background of 42 U.S.C. § 1983, including its interaction with another civil rights statute, 28 U.S.C. § 2254, the federal habeas statute. Both statutes are essential to understanding the Heck v. Humphrey doctrine’s purpose and application to pretrial diversion participants. Part III also explores the development and interpretation of the Heck doctrine in four Supreme Court cases. Part IV discusses the circuit split as it currently stands. Part V presents three proposals for resolving the …
Challenging The Habeas Process Rather Than The Result, Justin F. Marceau
Challenging The Habeas Process Rather Than The Result, Justin F. Marceau
Washington and Lee Law Review
Habeas scholarship has repeatedly assessed whether the Antiterrorism and Effective Death Penalty Act’s (AEDPA’s) limitations on federal habeas relief were as severe in practice as they appeared to be on paper. By analyzing recent doctrinal shifts—particularly focusing on two Supreme Court decisions from this Term—and substantial new empirical data, this Article acknowledges that AEDPA’s bite has reached substantial proportions, in many ways exceeding the initial concerns and hype surrounding the legislation. More importantly, after acknowledging that federal habeas relief from state court convictions has become “microscopically” rare, this Article considers what the rarity of relief ought to mean as a …
For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough
For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough
Washington and Lee Law Review
No abstract provided.
Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot
Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot
Washington and Lee Law Review
No abstract provided.
Habeas Standards Of Review Under 28 U.S.C. § 2254(D)(1): A Commentary On Statutory Text And Supreme Court Precedent, Allan Ides
Washington and Lee Law Review
No abstract provided.
The Need For Comity: A Proposal For Federal Court Review Of Suppression Issues In The Dual Sovereignty Context After The Antiterrorism And Effective Death Penalty Act Of 1996, Carrie M. Bowden
Washington and Lee Law Review
No abstract provided.
Comments On "The Need For Comity", James P. Jones
Comments On "The Need For Comity", James P. Jones
Washington and Lee Law Review
No abstract provided.
Is Fairness Irrelevant?: The Evisceration Of Federal Habeas Corpus Review And Limits On The Ability Of State Courts To Protect Fundamental Rights, Stephen B. Bright
Is Fairness Irrelevant?: The Evisceration Of Federal Habeas Corpus Review And Limits On The Ability Of State Courts To Protect Fundamental Rights, Stephen B. Bright
Washington and Lee Law Review
No abstract provided.
Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager
Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager
Washington and Lee Law Review
No abstract provided.
The Gate Is Open But The Door Is Locked Habeas Corpus And Harmless Error, Bennett L. Gershman
The Gate Is Open But The Door Is Locked Habeas Corpus And Harmless Error, Bennett L. Gershman
Washington and Lee Law Review
No abstract provided.
The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter
The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter
Washington and Lee Law Review
No abstract provided.
Necessity For New Indictment After Release On Habeas Corpus
Necessity For New Indictment After Release On Habeas Corpus
Washington and Lee Law Review
No abstract provided.
Procedure-Availability Of Writ Of Habeas Corpus To Attack Validity Of Order Made By Court Without Jurisdiction
Washington and Lee Law Review
No abstract provided.