Rid of Habeas Corpus - How Ineffective Assistance of Counsel Has Endangered Access to the Writ of Habeas Corpus and What the Supreme Court Can Do in Maples and Martinez to Restore It
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Authors
Mundy, Hugh
Issue Date
2012
Volume
45
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The United States Constitution provides that "[t]he [p]rivilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it." Under federal law, habeas corpus relief extends to state prisoners convicted in violation of the Constitution. Despite the broad promise of access to habeas corpus relief, restrictive state procedural rules often rob habeas petitioners of the right to federal review of valid constitutional claims. Indeed, in order to advance a constitutional claim in a federal habeas petition, the same claim must be timely raised and fully litigated during state trial, appellate, or post-conviction proceedings. The consequences of failing to comply with state procedural rules are severe. With rare exception, a claim raised for the first time in a federal habeas petition is rejected without review on the merits...
Description
Citation
45 Creighton L. Rev. 185 (2011-2012)
Publisher
Creighton University School of Law