Habeas Corpus Legislation: Hearings Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, Second Session, on H.R. 4737, H.R. 1090, H.R. 1953, and H.R. 3584, Habeas Corpus Legislation, May 24 and June 6, 1990 |
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Common terms and phrases
amended American Bar Association application appointment of counsel attorneys bill capital defendants capital litigation capital punishment capital sentence certiorari Chairman circuit co-counsel collateral review competent counsel CONGRESS THE LIBRARY conviction court of appeals crime death penalty death row death sentence decision delay direct appeal district court Eighth Amendment factual failure to raise fair federal courts federal habeas corpus filed final Georgia habeas corpus petition habeas corpus proceedings habeas corpus review habeas petition indigent issue judgment Judicial Conference Judiciary jurisdiction jury Justice Powell KASTENMEIER lawyers legislation murder offense Ohio petitioner post-conviction review prisoner problems proposal qualified raise the claim reasonable recommendations relief remedy represent representation retroactivity Rule 65 S.Ct SANGMEISTER Senator sentence of death standards statute of limitations stay of execution subsection successive petitions Supreme Court Teague testimony title 28 trial U.S. Supreme Court United States Code violation writ of habeas
Popular passages
Page 948 - ... (1) that the merits of the factual dispute were not resolved in the State court hearing; ( 2 ) that the factfinding procedure employed by the State court was not adequate to afford a full and fair hearing; (3) that the material facts were not adequately developed at the State court hearing...
Page 942 - A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
Page 943 - An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court...
Page 945 - On the hearing of an application for a writ of habeas corpus to inquire into the legality of the detention of a person pursuant to a judgment the certificate of the judge who presided at the trial resulting in the judgment, setting forth the facts occurring at the trial, shall be admissible in evidence.
Page 961 - A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.
Page 940 - ... and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or (5) It is necessary to bring him into court to testify or for trial.
Page 948 - State court proceeding; (5) that the applicant was an indigent and the State court, in deprivation of his constitutional right, failed to appoint counsel to represent him in the State court proceeding...
Page 945 - State, if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application for a writ of habeas corpus and the petition presents no new ground not...
Page 946 - ... in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding.
Page 155 - And that either of the justices of the Supreme Court, as well as judges of the district courts, shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment.