Criminal Procedure - Habeas Corpus: Exhaustion of State Claims - Rose v. Lundy, 102 S. Ct. 1198 (1982): Failure to Comply with State Contemporaneous Objection Rule
Loading...
Authors
Ervin, Genevieve Marie
Issue Date
1983
Volume
16
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Habeas corpus review under 28 U.S.C. section 22541 provides a federal forum where state prisoners may attack the constitutionality of their convictions and sentences. Prisoners may petition for habeas corpus relief only on the ground that their confinements violate the Constitution, laws or treaties of the United States. Furthermore, review of habeas corpus petitions is conditioned on the exhaustion of all remedies available at the state court level.|The writ of habeas corpus is a privilege recognized in the Constitution, the scope of which at times has been construed very broadly. Justice Brennan has noted that at common law, habeas corpus was available to remedy any governmental restraint that violated the "fundamental law," and that the Constitution urges, if it does not mandate, a generous construction of the power of the federal courts to grant the writ in conformity with common law practice. However, the trend in recent years has been to narrow the availability of the writ. During its last term, the Supreme Court further eroded the availability of habeas relief through its decisions in Rose v. Lundy and Engle v. Isaac...
Description
Citation
16 Creighton L. Rev. 533 (1982-1983)
Publisher
Creighton University School of Law