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Federal Habeas Corpus Practice and Procedure, Sixth Edition

Federal Habeas Corpus Practice and Procedure, Sixth Edition

An authoritative and practical 2-volume treatise with practical advice and expert analysis from practitioners and subject matter experts.


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    Federal Habeas Corpus Practice and Procedure is a two-volume set consisting of practical advice and analysis of U.S. Supreme Court cases written by subject matter experts Randy Hertz and James S. Liebman. The newest edition includes comprehensive coverage of:

    •   The Antiterrorism and Effective Death Penalty Act (AEDPA);
    •   Requirements states must satisfy to obtain AEDPA "opt-in" benefits;
    •   Statutes of limitations;
    •   Petition filing requirements;
    •   Appointment of counsel;
    •   Range and types of discovery;
    •   Standards for obtaining federal evidentiary hearings;
    •   Exhaustion of state remedies;
    •   Procedural default;
    •   Standards for applying AEDPA's section 2254(d)(1) and (d)(2);
    •   Successive petitions;
    •   Obtaining a certificate of appealability;
    •   Federal prisoner practice under section 2255;
    •   Types of claims that have led to the granting of the writ;
    •   Military Commissions Act of 2006;
    •   Adam Walsh Child Protection and Safety Act of 2006;
    •   USA Patriot Improvement and Reauthorization Act of 2005; and
    •   REAL ID Act of 2005.

    The treatise and the accompanying Supplement include extensive analysis of the latest habeas corpus case law as well as important statutory changes that directly affect you and your clients. Federal Habeas Corpus Practice and Procedure is the authoritative treatise that your clients need you to have and your practice absolutely demands.

    PART I: INTRODUCTION
    Chapter 1 Format
    Chapter 2 A General Description of Habeas Corpus
    Chapter 3 Overview of the Federal Habeas Corpus Process Under AEDPA
    Chapter 4 The Client

    PART II: TIMING OF A FEDERAL HABEAS CORPUS PETITION; STATE REMEDIES
    Chapter 5 Order of Remedies and Timing
    Chapter 6 State Postconviction Remedies
    Chapter 7 State Remedies: Professional and Constitutional Issues

    PART III: HABEAS CORPUS JURISDICTION
    Chapter 8 Subject-Matter Jurisdiction: Custody
    Chapter 9 Subject-Matter Jurisdiction: Cognizable Claims
    Chapter 10 Rules Governing Selection of Respondent and Forum
    Chapter 11 The Petition

    PART IV: ANCILLARY AND SUMMARY PROCEEDINGS UPON FILING
    Chapter 12 Indigents and Appointment of Counsel
    Chapter 13 Stays of Execution
    Chapter 14 Modification of Custody Status
    Chapter 15 Summary of Proceedings
    Chapter 16 The State’s Response
    Chapter 17 Reply, Amendment, and Petitioner-Initiated Summary Proceedings

    PART V: MAGISTRATE JUDGE PRACTICE AND FACT-DEVELOPMENT PROCEDURES
    Chapter 18 Magistrate Judge Practice
    Chapter 19 Prehearing Fact-Development Procedures
    Chapter 20 Right to a Hearing; Effect of State Factfindings
    Chapter 21 Conduct of the Hearing

    PART VI: PROCEDURAL DEFENSES
    Chapter 22 Introduction to Procedural Defenses
    Chapter 23 Exhaustion of State Remedies
    Chapter 24 Prejudicial Delay
    Chapter 25 Nonretroactivity
    Chapter 26 Adequate and Independent State Grounds
    Chapter 27 ‘‘Full and Fair Opportunity to Litigation" Fourth Amendment Exclusionary Rule Claims
    Chapter 28 Successive Petitions

    PART VII: ADJUDICATION OF THE MERITS
    Chapter 29 Briefing
    Chapter 30 The Merits Determination
    Chapter 31 Harmless Error
    Chapter 32 The Determination Whether to Grant Relief: Section 2254(d)
    Chapter 33 Relief

    PART VIII: POSTJUDGMENT PROCEEDINGS; APPEALS
    Chapter 34 Postjudgment Proceedings
    Chapter 35 Initiating the Appeal
    Chapter 36 Ancillary Appellate Proceedings
    Chapter 37 The Appeal
    Chapter 38 Postjudgment, Pre-Certiorari Proceedings
    Chapter 39 Certiorari
    Chapter 40 Original Habeas Corpus Proceedings


    PART IX: FEDERAL PRISONERS AND DETAINEES
    Chapter 41 Section 2255 Motions by Federal Prisoners
    Chapter 42 Immigration Cases
    Appendices
    Index

     

    Randy Hertz


    Professor Randy Hertz, of New York University School of Law, is the Vice Dean of the law school, the director of the school's clinical program, and the supervisor of the school's Juvenile Defender Clinic. He is an experienced trial and appellate lawyer, who has handled both trials and appeals at the D.C. Public Defender Service and has successfully litigated and advised on a number of capital habeas corpus cases.

    James S. Liebman


    Professor James Liebman, of Columbia Law School, is the nation's leading authority on habeas corpus and a leading expert on capital punishment. He has litigated capital and habeas cases in Arizona, Georgia, Louisiana, Mississippi, Tennessee, and Wisconsin, including four cases in the U.S. Supreme Court.

     

 
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