NCJ Number
95000
Journal
Criminal Law Bulletin Volume: 20 Issue: 4 Dated: (July-August 1984) Pages: 285-308
Date Published
1984
Length
24 pages
Annotation
Assume that a state prisoner completes his state-imposed sentence and then determines that he previously was denied the assistance of counsel. Are the federal courts available to him?
Abstract
Habeas corpus is not available since there is no form of custody involved at this point. Under Section 1983, a plaintiff must show deprivation of a federally protected right by someone acting under color of state law but there is no exhaustion requirement. The plaintiff's major hurdles will be two courts of appeals decisions, which the author believes were wrongly decided, and the doctrines of abstention and issue preclusion. The author argues for the availability of a 1983 action in the case stated above and whether or not you agree, this is excellent legal scholarship. (Publisher abstract)