Description
Provides a comprehensive overview of the essential principles of federal habeas corpus and related remedies, with an emphasis on the dramatic changes brought about by the AEDPA.
A great starting point for legal research, providing a broad overview of federal postconviction principles.
Discusses the various statutory and jurisdictional requirements to obtaining federal review of state and federal criminal convictions.
Instructs on the primary bars to obtaining habeas relief, including exhaustion of state remedies, the one-year statute of limitations, procedural defaults, and non-retroactivity principles.
Addresses the process of adjudicating the merits of claims, including application of the deferential review standards imposed by AEDPA.
Examples are used throughout the book to illustrate concepts discussed.
Total pages: 582.
Who is This Book For?
Federal judges, law clerks, and staff attorneys. An excellent reference guide for quickly finding key principles on habeas corpus petitions involving state prisoners (28 U.S.C. section 2254) and motions to vacate involving federal prisoners (28 U.S.C. section 2255). Especially helpful for new attorneys seeking to familiarize themselves with postconviction review principles.
Prosecutors and defense attorneys. A practical resource for attorneys seeking an understanding of the basic concepts of federal postconviction review. An ideal resource for individuals who do not practice exclusively in the area of federal collateral review.
Law schools and clinics. A valuable resource for teaching postconviction remedies, law students seeking an understanding of the post-verdict criminal process, and clinics dedicated to assisting state or federal prisoners.
Legal Research
Introduction to Habeas Corpus is a great place to start your legal research. While not intended to be used as an exclusive source, it can help focus legal research and allow readers to quickly identify the relevant issues in their cases. And to facilitate more comprehensive research on specific issues, legal principles are cross-referenced to relevant sections of the Federal Habeas Manual and Postconviction Remedies.