NCJ Number
54810
Journal
Iowa Law Review Volume: 64 Issue: 2 Dated: (JANUARY 1979) Pages: 233-273
Date Published
1979
Length
41 pages
Annotation
THE EFFECTS OF U.S. SUPREME COURT DECISIONS ON FEDERAL HABEAS CORPUS PROCEEDINGS FILED BY STATE PRISONERS ARE CONTRASTED FOR THE WARREN AND BURGER COURTS. POSSIBLE IMPLICATIONS OF THIS NEW FEDERALISM ARE EXAMINED.
Abstract
THREE ASPECTS OF SECTION 2254 (I.E., TITLE 28 UNITED STATES CODE SECTION 2254) HABEAS CORPUS PROCEEDINGS HAVE BEEN AFFECTED BY A NEW DEFERENCE TO THE STATES BY THE U.S. SUPREME COURT UNDER BURGER ARE: (1) ISSUES COGNIZABLE BY THE FEDERAL HABEAS COURT, (2) THE DEFERENCE GIVEN TO STATE COURT DECISIONS, AND (3) THE EFFECT ON A HABEAS CORPUS PROCEEDING OF FAILURE BY THE PETITIONER TO COMPLY WITH THE RULES OF THE FORUM GOVERNING THE PROCEDURES FOR LITIGATING THESE ISSUES. THE WARREN COURT'S GRADUAL LIBERALIZATION OF THE RULES SURROUNDING SECTION 2254 PETITIONS AND ITS USE OF THE HABEAS CORPUS PROCEDURE TO CORRECT WHAT WAS SEEN AS PROCEDURAL DEFAULTS IN THE STATE COURTS IS TRACED. THE IMPACTS OF TOWNSEND V. SAIN AND FAY V. NOIA, TWO OF THE LANDMARK CASES TOWARDS LIBERALIZATION ARE EXAMINED. THE ORIGINAL FORUM OF THE HABEAS CORPUS PETITION IS REVIEWED AND ITS USE BEFORE 1960 IS DISCUSSED. THE TREND BACK TO FEDERALIZISM IS THEN TRACED THROUGH THE DECISIONS OF STONE V. POWELL (1975), SCHNECKLOTH V. BUSTAMONTE (1973), WOLFF V. RICE (1975), AND WAINWRIGHT V. SYKES (1977). THESE DECISIONS LIMITED THE AREA OF REVIEW FOR SECTION 2254 PETITIONS AND ESTABLISHED A POLICY WHICH CONSIDERS THE STATE COURTS THE APPROPRIATE FORUM FOR THE PROTECTION OF CONSTITUTIONAL RIGHTS. IMPLICATIONS OF THIS TREND ARE ASSESSED BY EXAMINING RELEVANT STATE COURT DECISIONS. THE ARTICLE CONTAINS 299 FOOTNOTES. (GLR)