NCJ Number
96484
Journal
University of Florida Law Review Volume: 36 Issue: 2 Dated: (Spring 1984) Pages: 252-272
Date Published
1984
Length
21 pages
Annotation
Procedural impediments should not be permitted to stand between the prisoner sentenced to death and the Federal habeas corpus courts.
Abstract
Currently, three procedural doctrines limit the availability of habeas corpus relief. First, the Federal courts have held that certain constitutional defects, which would require reversal if found on direct appeal, will not justify issuance of a writ of habeas corpus. Second, a prisoner's failure to raise a constitutional claim during the trial or appellate process may bar a subsequent assertion of that claim on habeas corpus, regardless of the merit of the claim. Third, a prisoner's failure to assert a constitutional objection in a previous habeas corpus proceeding may prevent later consideration of the otherwise valid objection. Federal habeas corpus courts should disregard these procedural doctrines in cases where the prisoner has been sentenced to death. Society needs assurance that the State has killed only after justification of this action by a procedure beyond constitutional approach. A total of 142 footnotes are supplied.