Description
This unique work addresses the various aspects of federal habeas corpus litigation with special emphasis given to the sweeping changes enacted by the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 and established by recent Supreme Court and federal circuit court decisions. The manual is organized to allow users to quickly find answers to their habeas questions: controlling legal standards are clearly identified, case examples illustrate how habeas doctrines are applied by the courts, and related legal doctrines and issues are cross-referenced.
Features
- Discusses preliminary issues involving custody, jurisdiction, mootness, and standing
- Examines the nonretroactivity doctrine established in Teague v. Lane and its progeny
- Explains application of the Teague rule on retroactivity
- Provides detailed analysis of district and appellate court practice in habeas cases
- Explains the various methods of record development, including expansion of the record, evidentiary hearings, and discovery
- Addresses at length affirmative defenses, including exhaustion, statute of limitations, and procedural default
- Covers AEDPA standards of review, including the deferential "unreasonable application" standard and the "clearly established federal law" restriction