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 administration amendment appeal application Attorney believe bill Bundy capital CASSELL cause Chairman circuit claims collateral committee competent concern Congress considered constitutional conviction correct counsel course 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 Florida given going Governor GRANT grounds happen HASTERT hearing individual issue judges judgment judicial Judiciary jurisdiction Justice lawyers legislation limit litigation McCANDLESS mean noted particular person petition petitioner present prisoners problem procedures proceedings proposed question raised reason record reform relief remedy result rule Senate sentence SHARP statement statute stay suggest Supreme Court talking Thank tion trial United warrant writ of habeas
Page 17 - 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 152 - 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 order, improvement, and prosperity of the State.
Page 152 - 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 17 - ... 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 158 - 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 84 - 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 84 - Petitions. A second or successive petition may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
Page 98 - ... 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...