Habeas Corpus - The Fifth Circuit Considers the Effects of Waiver on Habeas Corpus Availability - Winters v. Cook, 489 F.2d 174 (5th Cir. 1973)
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Authors
Nelsen, Stephen H.
Issue Date
1975
Type
Journal Article
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Abstract
INTRODUCTION|The purpose of habeas corpus is to afford relief from imprisonment that is the result of a denial of due process of law. An impediment to establishing a right to habeas corpus relief is the possibility that the rights a petitioner claims have been violated were waived at some stage in the judicial process. The seminal standard for determining the validity of a waiver was presented in the United States Supreme Court decision, Fay I v. Noia: The classic definition of waiver enunciated in Johnson v. Zerbst [citation omitted]-"an intentional relinquishment or abandonment of a known right or privilege"- furnishes the controlling standard. At all events we wish it clearly understood that the standard here put forth depends on the considered choice of the petitioner. [Footnote omitted.] The recent Fifth Circuit case Winters v. Cook applied two separate qualifications to the Fay-Zerbst general rule of general waiver: waiver by counsel and waiver by guilty plea. This case note will examine the application of these two qualifications and their effect on the availability of habeas corpus relief...
Description
Citation
8 Creighton L. Rev. 541 (1974-1975)
Publisher
Creighton University School of Law