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Full-Text Articles in Law
Original Habeas Redux, Lee B. Kovarsky
Original Habeas Redux, Lee B. Kovarsky
Faculty Scholarship
This article explores what is perhaps the Supreme Court’s most exotic appellate power— its authority to issue (inaptly-named) “original” writs of habeas corpus. Although I have been working on Original Habeas Redux for some time, the Troy Davis case has recently thrust this topic into the national spotlight. In Davis (2009), the Supreme Court exercised, for the first time in over forty years, its power to transfer an original habeas petition to a district court for merits adjudication. Having collected and tabulated two decades of new data, I argue that Davis is not a blip in an otherwise constant state …
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Death Ineligibility And Habeas Corpus, Lee B. Kovarsky
Faculty Scholarship
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …
Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe
Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
A Punishment In Search Of A Crime: Standards For Capital Punishment In The Law Of Criminal Homicide, Franklin E. Zimring, Gordon Hawkins
Maryland Law Review
No abstract provided.
The Crisis In Capital Punishment, Charles L. Black Jr.
The Crisis In Capital Punishment, Charles L. Black Jr.
Maryland Law Review
No abstract provided.