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Federal Habeas Corpus Practice and Procedure, Fifth Edition

Federal Habeas Corpus Practice and Procedure stands alone as ...


Availability: In Stock
Publisher :Michie
Format: 2 volumes, hardbound with current supplement , BOOK
ISBN: 9780820574714
2005
  $411.00
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    Federal Habeas Corpus Practice and Procedure stands alone as the authoritative and practical treatise for obtaining habeas corpus relief in both capital and non-capital cases. It is the resource cited most frequently by the U.S. Supreme Court and lower federal courts, as well as by thousands of attorneys who practice in habeas corpus proceedings.

    This valuable resource offers detailed analysis of:

  • Applicability 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);
  • Successive petitions;
  • Obtaining a certificate of appealability;
  • Federal prisoner practice under section 2255;
  • Habeas corpus practice in the immigration context; and
  • Types of claims that have led to the granting of the writ.

    • The Fifth Edition and the accompanying Supplement include extensive analysis of the latest habeas corpus case law as well as the important statutory changes effected by the Military Commissions Act of 2006, the Adam Walsh Child Protection and Safety Act of 2006, the USA Patriot Improvement and Reauthorization Act of 2005, and the REAL ID Act of 2005.

    Part I Introduction
    Ch. 1 Format
    Ch. 2 A General Description of Habeas Corpus
    Ch. 3 Overview of the Federal Habeas Corpus Process Under AEDPA
    Ch. 4 The Client

    Part II Timing of a Federal Habeas Corpus Petition; State Remedies
    Ch. 5 Order of Remedies and Timing
    Ch. 6 State Postconviction Remedies
    Ch. 7 State Remedies: Professional and Constitutional Issues

    Part III Habeas Corpus Jurisdiction
    Ch. 8 Subject-Matter Jurisdiction: Custody
    Ch. 9 Subject-Matter Jurisdiction: Cognizable Claims
    Ch. 10 Rules Governing Selection of Respondent and Forum
    Ch. 11 The Petition

    Part IV Ancillary and Summary Proceedings Upon Filing
    Ch. 12 Indigents and Appointment of Counsel
    Ch. 13 Stays of Execution
    Ch. 14 Modification of Custody Status
    Ch. 15 Summary of Proceedings
    Ch. 16 The State’s Response
    Ch. 17 Reply, Amendment, and Petitioner-Initiated Summary Proceedings

    Part V Magistrate Judge Practice and Fact-Development Procedures
    Ch. 18 Magistrate Judge Practice
    Ch. 19 Prehearing Fact-Development Procedures
    Ch. 20 Right to a Hearing; Effect of State Factfindings
    Ch. 21 Conduct of the Hearing

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

    Part VII Adjudication of the Merits
    Ch. 29 Briefing
    Ch. 30 The Merits Determination
    Ch. 31 Harmless Error
    Ch. 32 The Determination Whether to Grant Relief: Section 2254(d)
    Ch. 33 Relief

    Part VIII Postjudgment Proceedings; Appeals
    Ch. 34 Postjudgment Proceedings
    Ch. 35 Initiating the Appeal
    Ch. 36 Ancillary Appellate Proceedings
    Ch. 37 The Appeal
    Ch. 38 Postjudgment, Pre-Certiorari Proceedings
    Ch. 39 Certiorari
    Ch. 40 Original Habeas Corpus Proceedings


    Part IX Federal Prisoners and Detainees
    Ch. 41 Section 2255 Motions by Federal Prisoners
    Ch. 42 Immigration Cases
    Appendices
    Index

     

    Liebman, James S.


    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.

    Hertz, Randy


    Professor Randy Hertz, of New York University School of Law, is a supervisor of the school's Capital Defender Clinic and Juvenile Rights 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.

     

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