The Habeas Corpus Reform Act of 1982: Hearing Before the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session, on S. 2216 ... April 1, 1982U.S. Government Printing Office, 1982 - 358 lappuses |
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actual prejudice Allen appellate court application Attack on Criminal attorney BAMBERGER bill cause and prejudice certificate of probable Circuit collateral attack collateral remedies collateral review Congress constitutional claim constitutional rights conviction court of appeals Criminal Judgments decision defendant's denial denied determination direct appeal direct review district court Evans evidence exclusionary rule fact failure to raise federal claim federal constitutional federal courts federal habeas corpus federal habeas court federal judges federal law federal prisoners Federal right filed finality fourth amendment full and fair guilt habeas corpus petitions harmless error innocence John Eubanks judicial jurisdiction jury limitation period litigation lower federal courts merits peti petitioner's Powell presented procedural default procedural rule proposed subsection question reasonable relief Senator HEFLIN sixth amendment standard statute of limitations Supp supra note Supreme Court Suspension Clause Sykes tion trial United United States Code violation Wainwright writ of habeas
Populāri fragmenti
42. lappuse - Our dangers do not lie in too little tenderness to the accused. Our procedure has been always haunted by the ghost of the innocent man convicted. It is an unreal dream. What we need to fear is the archaic formalism and the watery sentiment that obstructs, delays, and defeats the prosecution of crime.
293. lappuse - Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him.
103. lappuse - An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.
303. lappuse - The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence,...
269. lappuse - By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.
13. lappuse - No procedural principle is more familiar to this Court than that a constitutional right may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.
49. lappuse - Federal courts (a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
14. lappuse - Both the individual criminal defendant and society have an interest in insuring that there will at some point be the certainty that comes with an end to litigation, and that attention will ultimately be focused not on whether a conviction was free from error but rather on whether the prisoner can be restored to a useful place in the community.
73. lappuse - No action shall be maintained to enforce any liability created under section 11 or section 12 (2) unless brought within one year after the discovery of the untrue statement or the omission, or after such discovery should have been made by the exercise of reasonable diligence...
321. lappuse - Upon the state courts, equally with the courts of the Union, rests the obligation to guard, enforce, and protect every right granted or secured by the constitution of the United States and the laws made in pursuance thereof, whenever those rights are involved in any suit or proceeding before them...