Federal Habeas Corpus Practice and Procedure PDF Download

Author: James S. Liebman
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Habeas corpus
Languages : en
Pages : 968

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Book Description
Previous edition, 2nd, published in 1994.

Author: James S. Liebman
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 372

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Book Description
Previous edition, 2nd, published in 1994.

Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82

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Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.

Author: Randy Hertz
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 2465

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Book Description

Author: Eric M. Freedman
Publisher: NYU Press
ISBN: 1479858943
Category : Law
Languages : en
Pages : 208

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Book Description
A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: William F. Duker
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 366

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Author:
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :

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Book Description

Author: Steven M. Statsinger
Publisher:
ISBN: 9781556818042
Category : Habeas corpus
Languages : en
Pages : 58

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Book Description

Author: Paul Marcus
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 374

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Book Description
This book provides practical guidance for attorneys on all the stages of a criminal case from the police investigation immediately following the crime, to issues involving the double jeopardy clause. The book interprets constitutional principals, case law & commentary that apply to both the prosecution & defense in federal, state, or military courts. It includes analysis by Paul Marcus, the Haynes Professor of Law at the College of William & Mary Marshall-Wythe School of Law & practice comments by Jack Simmermann, a lawyer with 26 years of experience as a prosecutor, defense lawyer & triad judge. In addition to the commentary, the book incorporates helpful Checklists, Cautions, Warnings, Practice Tips, Techniques, Tactics, Forms & Strategies throughout the text, which are valuable to students & lawyers with little or no practical experience.