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... Who is on Trial?: Conflicts Between the Federal and State Judicial Systems ... - Page 83by United States. Congress. House. Committee on Government Operations. Government Information, Justice, and Agriculture Subcommittee - 1988 - 197 pagesFull view - About this book
| United States. Congress. Senate. Committee on the Judiciary - Government publications - 1991 - 434 pages
...in repetitive petitions for federal habeas corpus. See Woodward v. Hutchins. 464 US 377, 380 (1984) ("A pattern seems to be developing in capital cases...review in which claims that could have been presented are brought forward — often in piecemeal fashion — only after an execution date is set or becomes... | |
| United States. Congress. Senate. Committee on the Judiciary - Law - 1992 - 986 pages
...instance, in 1984, Associate Justice Powell, speaking for five members of the Supreme Court stated: 'A pattern seems to be developing in capital cases...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... | |
| United States. Congress. Senate. Committee on the Judiciary - Law - 1992 - 962 pages
...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 - 2 of the writ of habeas corpus." Woodard v.... | |
| Austin Sarat - Law - 2001 - 288 pages
...1984) (opinion of Justice Powell speaking for five Justices) (emphasis added). See also id. at 380: "A pattern seems to be developing in capital cases...after the execution date is set or becomes imminent." Cf. text at note 90 supra. 97. Id. at 379 n. 3. 98. The statute cited by Justice Powell as the basis... | |
| United States. Congress. Senate. Committee on the Judiciary - Law - 2001 - 228 pages
...patterns of review in which claims that could have been presented years ago are brought forward often in piecemeal fashion only after the execution date is...should not continue to tolerate, even in capital cases, abuse of the process. So I guess if we could figure out perhaps a 30-month statute to make sure we... | |
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