Outcomes in State and Federal Court (From Habeas Corpus in State and Federal Courts, P 61-79, 1994, Victor E. Flango - See NCJ-149658)

• NCJ Number: 149663
• Author(s): V E Flango
• Date Published: 1994
• Length: 19 pages
• Sale Source: National Ctr for State Courts; National Institute of Justice/; NCJRS Photocopy Services; State Justice Institute
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This chapter discusses petitioner success rates according to the type of claim raised in the petition. Because so few petitioners in either State or Federal courts are granted, conclusions drawn from success rates of petitioners must be considered with caution.

Abstract

Statistics show that Federal courts grant a very small proportion of habeas corpus petitions, and that the claims raised do not affect the petitioner's success rate. In State courts, petitioners filing claims related to prosecutorial misconduct, and Fourth, Fifth, and Sixth Amendment violations had lower success rates than those raising issues related to excessive bail, coerced guilty pleas, trial court error, ineffective assistance of counsel, and Fourteenth Amendment claims. Most frequently cited court reasons for denying habeas petitions included lack of merit, procedural default, or failure to exhaust other available options. Successive petitions and abuse of the writ were related reasons for denying habeas petitions. 3 tables and 60 notes