Who is on Trial?: Conflicts Between the Federal and State Judicial Systems in Criminal Cases : Hearing Before a Subcommittee of the Committee on Government Operations, House of Representatives, One Hundredth Congress, Second Session, February 26, 1988
United States. Congress. House. Committee on Government Operations. Government Information, Justice, and Agriculture Subcommittee
U.S. Government Printing Office, 1988 - Appellate courts - 197 pages
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abuse amendment appeal Attorney bill Bundy capital capital punishment CASSELL cause Chairman claims collateral Committee competent concerning CONGRESS THE LIBRARY constitutional conviction correct coun counsel Court of Appeals crime death penalty death row decision defendant delay denied determination direct district court effect Eleventh circuit ENGLISH execution exhausted fact federal courts federal district federal habeas corpus filed finality findings Florida given going Governor GRANT grounds HASTERT hearing individual issue judges judgment judicial Judiciary jurisdiction Justice lawyers legislation LIBRARY OF CONGRESS limit litigation McCANDLESS mean murder person petition petitioner present prisoners problem procedures proceedings proposed question raised reason record reform relief remedy result rule Senate sentence SHARP signed statement statute stay suggest Supreme Court Thank tion trial United writ of habeas
Page 163 - The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs; concern the lives, liberties, and properties of the people, and the internal orders improvement, and prosperity of the State.
Page 163 - It is one of the happy incidents of the Federal system that a single courageous State, may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Page 16 - ... writs of habeas corpus for the purpose of an inquiry into the cause of commitment — Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless...
Page 169 - It must prejudice the occasional meritorious application to be buried in a flood of worthless ones. He who must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search.
Page 83 - A pattern seems to be developing in capital cases of multiple review in which claims that could have been presented years ago are brought forward — often in a piecemeal fashion — only after the execution date is set or becomes imminent. Federal courts should not continue to tolerate — even in capital cases — this type of abuse of the writ of habeas corpus.
Page 158 - Society's resources have been concentrated at that time and place in order to decide within the limits of human fallibility, the question of guilt or innocence of one of its citizens. Any procedural rule which encourages the result that those proceedings be as free of error as possible is thoroughly desirable , and the contemporaneous objection rule surely falls within this classification.
Page 109 - ... are concerned, I think they stand on quite a different footing than other offenses. In such cases the law is especially sensitive to demands for that procedural fairness which inheres in a civilian trial where the judge and trier of fact are not responsive to the command of the convening authority. I do not concede that whatever process is "due...
Page 15 - The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require it.
Page 15 - To secure the blessings of liberty to ourselves and our posterity is one of the declared objects of the Federal Constitution. To assure these guarantees are provided in the same instrument, as well against 'unreasonable searches and seizures' as against the suspension of the 'privilege of the writ of habeas corpus,' unless when, in cases of 'rebellion or invasion, the public safety may require it.