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The Changing Face Of Retroactivity, John H. Blume, William Pratt
The Changing Face Of Retroactivity, John H. Blume, William Pratt
John H. Blume
Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicially limit the scope of federal habeas corpus review. In Teague, a plurality of the Court held that new rules of criminal procedure do not apply retroactively to cases which have already become final on direct review at the time the new rule is decided. Thus, in most cases, a petitioner in collateral proceedings will not receive the benefit of any new rules decided after his conviction is affirmed on direct appeal and the United States Supreme Court denies certiorari. Moreover, a …
An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin
An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin
John H. Blume
For many prisoners, federal habeas corpus stands as the last opportunity to challenge the constitutionality of their convictions or sentences. Simply navigating through the procedural maze of habeas practice, however, is a formidable task for inmates proceeding pro se and prisoners represented by counsel. Tragically, those who have had a fundamentally unfair trial, and even those who are innocent, may easily stumble. Since 1867, habeas corpus, or the Great Writ, has been available to state prisoners "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or …
Understanding Teague V. Lane, John H. Blume, William Pratt
Understanding Teague V. Lane, John H. Blume, William Pratt
John H. Blume
No abstract provided.