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Finding Time For Federal Habeas Corpus: Carey V. Saffold, Karen M. Marshall
Finding Time For Federal Habeas Corpus: Carey V. Saffold, Karen M. Marshall
Akron Law Review
This Note begins by looking at the history of the writ of habeas corpus in the United States. There is a brief overview of the background and history of the AEDPA, specifically targeting the changes the AEDPA made to the law of federal habeas corpus. Next, the habeas corpus procedure in California is reviewed. Finally, this Note explains the Supreme Court’s decision in Carey v. Saffold, focusing on the Court’s policy rationale and what the lack of support for habeas corpus means for the future of the writ.
The New State Postconviction, Giovanna Shay
The New State Postconviction, Giovanna Shay
Akron Law Review
I argue in this paper that, because Maples and Martinez coincide with other important developments that make state postconviction more important, they could have critical synergistic effects. Maples and Martinez create incentive for states to provide effective counsel in state postconviction at a moment when these proceedings are being forced to assume a new role in the development of federal constitutional criminal procedure. The confluence of these events could produce a new era in state postconviction.