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 |
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Common terms and phrases
abuse affirmed amendment appellate courts bill BOB MARTINEZ Bundy capital habeas capital punishment CASSELL certiorari Chairman claims Committee Cong CONGRESS THE LIBRARY constitutional rights conviction Court of Appeals court system crime criminal justice system Darden death penalty death row death sentence death warrant decision defendant delay denied direct review Eleventh Circuit ENGLISH evidentiary hearing exhausted factual federal district court federal habeas corpus filed Florida Supreme Court Glenn English going GOLDSTEIN habeas corpus jurisdiction habeas corpus petitions habeas corpus proceedings habeas corpus reform habeas corpus review habeas petition HASTERT inmates innocence issue Judge Sharp judgment Jurek Kimberly Leach legislation LIBRARY OF CONGRESS litigation lower federal courts MCCANDLESS murder peti petition for writ petitioner present prisoners problem procedures proposed question raised relief review process rule S.Ct stand trial stay of execution Tallahassee Thank tion Turman U.S. Supreme Court Wainwright William French Smith writ of habeas
Popular passages
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 16 - And that either of the justices of the Supreme Court, as well as judges of the District Courts, shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment.
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.