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NCJRS Abstract

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NCJ Number: 120092 Find in a Library
Title: State Prisoners' Access to Federal Habeas Corpus: Restrictions Increase
Journal: Criminal Law Bulletin  Volume:25  Issue:5  Dated:(September-October 1989)  Pages:444-453
Author(s): R A Powers III
Date Published: 1989
Page Count: 10
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: The Supreme Court continues to restrict the availability of habeas corpus to State prisoners. The author considers four recent cases in which access to the writ has been limited. Those cases (1) held that a Federal habeas petitioner's fair cross-section claim was barred, since a new constitutional rule in this area would not be applied retroactively; (2) explicitly applied the plain statement rule in a Federal habeas corpus case; and (3) more narrowly defined the exhaustion requirement and cause in habeas corpus petitions. 37 notes. (Publisher abstract)
Main Term(s): Habeas corpus; Prisoner's rights
Index Term(s): Constitutional Rights/Civil Liberties; US Supreme Court
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