NCJ Number
12041
Journal
William and Mary Law Review Volume: 12 Issue: 1 Dated: (FALL 1970) Pages: 149-233
Date Published
1970
Length
85 pages
Annotation
A SUMMARY OF THE PRESENT POSTURE OF STATE POST-CONVICTION PROCESSES WITH REFERENCE TO RELATED FEDERAL COURT CASES, CONGRESSIONAL ENACTMENTS IN TITLE 28 OF THE U.S. CODE, AND STATUTORY REVISIONS UNDERTAKEN BY STATE LEGISLATURES.
Abstract
THIS STUDY WAS UNDERTAKEN FOR THE FEDERAL JUDICIAL CENTER AND ITS STATE-FEDERAL RELATIONS ADVISORY COMMITTEE. A CHRONOLOGY OF THE PROBLEM, STATISTICS ON FEDERAL HABEAS CORPUS, AND A RECAPITULATION OF THE FEDERAL REQUIREMENTS ARE INCLUDED IN THIS REPORT. PRACTICES IN CERTAIN STATES WITH REFERENCE TO POST-CONVICTION REMEDIES WHICH CONSISTENTLY MEET THE CRITERIA OF THIS SUMMARY ARE IDENTIFIED IN ORDER THAT THE FEDERAL COURTS, TO WHOM STATE PRISONERS NOW DIRECT A LARGE VOLUME OF HABEAS CORPUS PETITIONS, MAY READILY DETERMINE IF CONSTITUTIONAL RIGHTS HAVE BEEN ADEQUATELY PROTECTED IN THE STATE FORUM. A STATE-BY-STATE SUMMARY ON THE PROCESS OF POST-CONVICTION RELIEF AS IT ACTUALLY FUNCTIONS IN EACH JURISDICTION IS ALSO INCLUDED. (AUTHOR ABSTRACT MODIFIED)