Habeas corpus
Article Abstract:
The US Supreme Court in Keeney v Tamayo-Reyes overruled the deliberate bypass standard adopted in Townsend v Sain to determine when an evidentiary hearing on a habeas corpus claim was required. The court instead applied a stricter 'cause-and-prejudice' standard to determine when failure to develop material facts in state courts entitled the petitioner to a federal evidentiary hearing. The Keeney decision is consistent with other habeas cases and should not unduly restrict the rights of state prisoners to habeas review.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Habeas corpus - stay of state court proceedings - Ninth Circuit stays execution to appoint counsel to assist prisoner in filing habeas corpus petition
Article Abstract:
The Ninth Circuit decision in Brown v Vasquez represents an unwarranted extension of habeas corpus procedure which could further increase the cost of habeas review. The court affirmed a stay of execution granted by a district court so that counsel could be appointed to assist the prisoner in preparing a habeas petition. The court rules require that a petition must be filed before a stay can be granted. The court misinterpreted the rule and thus placed a further burden on the judicial system.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Federal courts - prisoner litigation - Eleventh Circuit holds that a s. 1983 action for DNA access is not the equivalent of a habeas corpus petition
Article Abstract:
The author discusses the US Court of Appeals for the 11th Circuit's ruling in Bradley v. Pryor, in which the court ruled that prisoner DNA access requests under section 1983 were not the same as habeas corpus petitions.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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