Momentum grows in Congress for a habeas bill; critics, however, charge that looser standards will lead to more litigation
Article Abstract:
The US House of Representatives has passed a bill limiting federal habeas review and the Senate is examining a similar one as opponents decry the changes that would result. The debate centers on the question of how much weight state court decisions on federal law should carry, and on whether states should impose stiffer standards for appointed counsel in such cases. The House bill would require federal court to approve most state rulings that are not egregiously erroneous. The Senate hopes to consider a bill in May 1995.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Habeas 'reform' hacks down Constitution
Article Abstract:
Congressional plans to reform habeas corpus protections will effectively deny citizens constitutional rights by weakening enforcement mechanisms. Pres Clinton has approved a habeas reform measure in the Senate anti-terrorism bill, and a similar bill passed the House. It would limit the ability of federal courts to review claims by those convicted in state courts that their constitutional rights had been denied. The federal courts could only act by labelling the relevant state courts 'plainly incompetent.'
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Presidential hopefuls discuss habeas, tort reform
Article Abstract:
Presidential candidates Jerry Brown, Patrick Buchanan, Bill Clinton, David Duke, Tom Harkin, Bob Kerrey and Paul Tsongas respond to proposed limitations of habeas corpus, particularly in death penalty cases, and to tort reform proposals. Most candidates favor a more efficient court system, but are hesitant to limit habeas corpus. All except Buchanan, who did not respond, oppose federal intervention in the tort process.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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