Limits on habeas writ aren't a 'novel idea.' (response to National Law Journal editorial of Feb 8, 1993) (Letter to the Editor)
Article Abstract:
The National Law Journal erred on Feb 8 in its editorial contention that the habeas corpus writ's purpose is to make the federal courts a last route of appeal for criminal defendants. The writ requires a claim that federal rights have been violated. Criminal defendants who use habeas corpus claims to seek review of allegedly improper state convictions are merely trying to get a second set of appeals, not enforce a constitutional right. Federal courts do not have the duty to review state cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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The innocent die with the guilty
Article Abstract:
The US Supreme Court has restricted the right to habeas corpus review for death row defendants and executions are becoming frequent events in several Southern states. Federal appellate judges have recently denied habeas corpus review based on recently discovered exculpatory evidence due to issues so minor as their defense attorney's missing a filing date. This runs contrary to fairness and due process of law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Blackmun decries 'skewed values' in death cases
Article Abstract:
It is doubtful that there is much left of the principle that federal judges can redress allegations of constitutional error when prisoners ask for habeas corpus review. When the procedural safeguards ensuring that the State will not carry out an execution in an arbitrary or capricious way have been whittled down so far, this affects the legitimacy of capital punishment itself.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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