State Prisoners' Access to Federal Habeas Corpus: Restrictions Increase

• NCJ Number: 120092
• Journal: Criminal Law Bulletin Volume: 25 Issue: 5 Dated: (September-October 1989) Pages: 444-453
• Author(s): R A Powers III
• Date Published: 1989
• Length: 10 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The Supreme Court continues to restrict the availability of habeas corpus to State prisoners. The author considers four recent cases in which access to the writ has been limited. Those cases (1) held that a Federal habeas petitioner's fair cross-section claim was barred, since a new constitutional rule in this area would not be applied retroactively; (2) explicitly applied the plain statement rule in a Federal habeas corpus case; and (3) more narrowly defined the exhaustion requirement and cause in habeas corpus petitions. 37 notes. (Publisher abstract)