Federal Habeas Corpus
Federal habeas corpus as we know it is by and large a procedure under which a federal court may review the legality of an individual's incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time. 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.
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Federal Habeas Corpus An Abridged Sketch
Antiterrorism and Effective Death Penalty Act AEDPA
Other Habeas Features
Federal Habeas Corpus A Brief Legal Overview
actual innocence AEDPA Amendment Antiterrorism and Effective appellate court appellate jurisdiction assistance of counsel bail capital clearly established federal collateral review Cong Cong.Rec Congress constitutional claims constitutional error conviction Death Penalty Act death row inmates denial direct appeal dismissal district court Dretke due process Effective Death Penalty enacted established federal law Ex parte Bollman Ex parte McCardle Ex parte Royall Ex parte Wilson exception exhaustion federal courts Federal Habeas Corpus federal habeas petitions federal habeas relief federal habeas statute Felker filed habeas applicant habeas proceedings Harvard Law Review Hearings held imprisoned judges judicial Judiciary liberty lower court merits Miller-El mixed petition newly discovered evidence person petitioner privilege privy council provisions reasonable jurists reasonable juror retroactively applicable rule S.Ct second or successive sentence Stat statute of limitations Subcomm successive petition Supreme Court Review suspension clause Teague U.S. Const unexhausted claims United unreasonable application writ of habeas