Habeas Corpus Legislation: Hearings Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, Second Session, on H.R. 4737, H.R. 1090, H.R. 1953, and H.R. 3584, Habeas Corpus Legislation, May 24 and June 6, 1990
United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
U.S. Government Printing Office, 1991 - Capital punishment - 1050 pages
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amended American appeal application appointed appropriate assistance Association attorneys authority bill capital cause certiorari Chairman Chief claim collateral Committee compensation competent concerning Conference Congress consider constitutional conviction counsel crime criminal death penalty decision defendant delay determination direct effect established execution exhaustion existing experience fact factual fails failure fair federal courts federal habeas corpus filed final Georgia going hearing important indigent issue judge judgment Judicial jury Justice KASTENMEIER lawyers least legislation limitations litigation majority murder period person petition petitioner post-conviction Powell Committee practice present prisoner problems procedural default proceedings proposal punishment qualified question raise reasonable recommendations record relief remedy represent representation result retroactivity rule Senator sentence standards statement statute stay subsection Supreme Court Task Force testimony trial United violation writ
Page 950 - ... (1) that the merits of the factual dispute were not resolved in the State court hearing; ( 2 ) that the factfinding procedure employed by the State court was not adequate to afford a full and fair hearing; (3) that the material facts were not adequately developed at the State court hearing...
Page 944 - A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
Page 945 - An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court...
Page 947 - 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 963 - 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.
Page 942 - ... and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or (5) It is necessary to bring him into court to testify or for trial.
Page 950 - State court proceeding; (5) that the applicant was an indigent and the State court, in deprivation of his constitutional right, failed to appoint counsel to represent him in the State court proceeding...
Page 947 - State, if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application for a writ of habeas corpus and the petition presents no new ground not...
Page 948 - ... in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding.