Habeas Corpus Legislation: Hearings Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, Second Session, on H.R. 4737, H.R. 1090, H.R. 1953, and H.R. 3584, Habeas Corpus Legislation, May 24 and June 6, 1990U.S. Government Printing Office, 1991 - 1050 pages |
Other editions - View all
Common terms and phrases
amended American Bar Association application appointment of counsel attorneys bill capital defendants capital litigation capital punishment capital sentence certiorari Chairman circuit co-counsel collateral review compensation competent counsel Congress conviction court of appeals crime death penalty death row death sentence decision delay direct appeal district court Eighth Amendment factual failure to raise fair federal courts federal habeas corpus filed final Georgia habeas corpus petition habeas corpus proceedings habeas corpus review habeas petition indigent issue judgment Judicial Conference Judiciary jurisdiction jury Justice Powell KASTENMEIER lawyers legislation murder offense Ohio petitioner post-conviction review present prisoner problems proposal qualified raise the claim reasonable recommendations relief remedy represent representation retroactivity Rule 65 S.Ct SANGMEISTER Senate sentence of death standards statute of limitations stay of execution subsection successive petitions Supreme Court Teague testimony title 28 trial U.S. Supreme Court United States Code violation writ of habeas
Popular passages
Page 927 - Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Housing Amendments of 1957".
Page 941 - ... 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.
Page 141 - There is certainly nothing in the circumstances under which our constitution was formed, nothing in the history of the times, which would justify the opinion that the confidence reposed in the states was so implicit as to leave in them and their tribunals the power of resisting or defeating, in the form of law, the legitimate measures of the Union.
Page 939 - On the hearing of an application for a writ of habeas corpus to inquire into the legality of the detention of a person pursuant to a judgment the certificate of the judge who presided at the trial resulting in the judgment, setting forth the facts occurring at the trial, shall be admissible in evidence.
Page 871 - ... in capital cases the fundamental respect for humanity underlying the Eighth Amendment, requires consideration of the character and record of the individual offender and the circumstances of the particular offense as a constitutionally indispensable part of the process of inflicting the penalty of death.
Page 356 - Whether or not at the time of the offense the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect, or the affects of intoxication. (i) The age of the defendant at the time of the crime.
Page 941 - An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the prisoner.
Page 23 - ... remedy is by appeal to the court of appeals from the order of the district court denying the writ. (b) Necessity of Certificate of Probable Cause for Appeal.
Page 939 - State, if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application for a writ of habeas corpus and the petition presents no new ground not...
Page 929 - Commission has been affirmed or the petition for review dismissed by the circuit court of appeals : or "(4) Upon the expiration of thirty days from the date of issuance of the mandate of the Supreme Court, if such Court directs that the order of the Commission be affirmed or the petition for review dismissed.