Habeas Corpus Reform: Hearings Before the Committee on the Judiciary, United States Senate, One Hundred First Congress, First and Second Sessions, on S. 88, S. 1757, and S. 1760, November 8, 1989, and February 21, 1990
U.S. Government Printing Office, 1991 - Criminal procedure - 948 pages
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adequate allow amendment appeal application appointed argument assistance Association attorney believe bill Caldwell capital cause CHAIRMAN Chief circuit claims collateral committee competent counsel concerns Congress consider constitutional conviction counsel criminal death penalty death sentence decision default defendant delay denied determination direct district effect error evidence execution exhaustion experience fact fair federal courts federal habeas corpus filed finality Georgia going habeas corpus hearing important imposed innocence issue Judge judgment judicial jury Justice Justice Powell lawyers legislation limit litigation majority means merits opinion period person petition petitioner post-conviction Powell present prisoner problem procedural proceedings proposed punishment question raise reason recommendations record reform relief represent responsibility result rule S.Ct Senator sentence simply standards statement statute stay successive suggest Supreme Court Task Force Teague testimony tion trial United writ
Page 642 - Be it enacted by the Senate and Bouse of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Housing Amendments of 1957".
Page 185 - Brady v. Maryland, 373 US 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). In Brady the Supreme Court used the following language: "We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
Page 348 - The first requirement of a sound body of law is, that it should correspond with the actual feelings and demands of the community, whether right or wrong.
Page 156 - But the great and efficacious writ, in all manner of illegal confinement, is that of habeas corpus ad subjiciendum; directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive whatsoever the judge or court awarding such writ shall consider in that behalf.
Page 292 - The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
Page 596 - On the hearing of an application for a writ of habeas corpus to inquire into the legality of the detention of a person pursuant to a judgment the certificate of the judge who presided at the trial resulting in the judgment, setting forth the facts occurring at the trial, shall be admissible in evidence.
Page 159 - ... 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 where they are in custody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
Page 597 - ... in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void.
Page 554 - ... in capital cases the fundamental respect for humanity underlying the Eighth Amendment, requires consideration of the character and record of the individual offender and the circumstances of the particular offense as a constitutionally indispensable part of the process of inflicting the penalty of death.
Page 614 - A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.