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 |
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Common terms and phrases
American Bar Association application appointed argument attorney Biden Caldwell capital litigation capital punishment capital sentencing certiorari CHAIRMAN CHIEF JUDGE Circuit collateral review competent counsel constitutional claims constitutional rights conviction Court of Appeals Criminal Justice death penalty death row death sentence decision delay denied direct appeal dissenting district court eighth amendment error fair Faraga federal courts federal habeas corpus filed finality Georgia guilt habeas corpus review habeas petition hearing imposed issue Judge Holloway jury jury's Justice Powell lawyers legislation limit merits miscarriage of justice Mississippi opinion Penry petitioner post-conviction review Powell bill Powell Committee prisoner problem procedural bar procedural default proposed prosecutor question raised recommendations rehearing relief rule S.Ct Senator THURMOND sentenced to death standards statement statute stay of execution successive petitions Supreme Court Sykes Task Force Teague testimony tion trial U.S. Supreme Court United Wainwright writ of habeas
Popular passages
Page 632 - 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 175 - 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 338 - 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 146 - 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 282 - The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.
Page 586 - 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 149 - ... 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 587 - ... 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 544 - ... 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 604 - 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.